LUPO ALMODIEL ATIENZA vs. JUDGE FRANCISCO F. BRILLANTES, JR.

, Metropolitan Trial Court, Branch 28, Manila

HELD: respondent is DISMISSED from the service with forfeiture of all leave and retirement benefits and with prejudice to reappointment in any branch, instrumentality, or agency of the government, including government-owned and controlled corporations. This decision is immediately executory.

A.M. No. MTJ-92-706 March 29, 1995

FACTS: This is a complaint by Lupo A. Atienza for Gross Immorality and Appearance of Impropriety against Judge Francisco Brillantes, Jr., Presiding Judge of the Metropolitan Trial Court, Branch 20, Manila. Lupo and Yulanda De Castro had two children together who lives with each other at No. 34 Galaxy Street, Bel-Air Subdivision, Makati, Metro Manila, where he stays in whenever he gets to Manila. In December 1991, upon opening the door to his bedroom, he saw respondent sleeping on his (complainant's) bed, he was told by his house boy that the respondent was cohabiting with de castro. Thereafter, respondent prevented him from visiting his children and even alienated the affection of his children for him. The complainant claims that Lupon is married toZenaida Ongkiko and that they had 5 children, Furthermore, he alleges that respondent caused his arrest on January 13, 1992, after he had a heated argument with De Castro inside the latter's office. For his part, respondent alleges that complainant was not married to De Castro and that the filing of the administrative action was related to complainant's claim on the Bel-Air residence, which was disputed by De Castro, and respondent did not cause his arrest. The respondent denies that he married Ongkiko, for he believes that the two marriages were null due to the lack of a marriage certificate. He claims that he married De Castro in civil rites in Los Angeles, California on December 4, 1991, he believed, in all good faith and for all legal intents and purposes, that he was single because his first marriage was solemnized without a license.

FC Art. 40: judicial declaration of nullity of previous marriage is needed before one can enter into a second marriage. Rule has retroactive effect thus applicable to Brillantes even if he got married under the Civil Code. Bad faith and sinister motives of Brillantes proven by his marriage to Ongkiko. They underwent two ceremonies however he never got a license. Then, he immorally and illegally cohabited with de Castro. Not fit for the judiciary.

ISSUE: WON Brillantes can contract a second marriage without a judicial declaration of nullity?