In
Re Charges of Lilian F. Villasanta for Immorality vs. Hilarion M. Peralta
April
30, 1957.
Facts:
On
April 16, 1939, Hilarion M. Peralta, the respondent, was married to Rizalina E.
Valdez in Rizal, Nueva Ecija. On or before March 8, 1951, he courted Lilian F.
Villasanta, the complainant, who fell in love with him. To have carnal
knowledge of her, the respondent procured the preparation of a fake marriage
contract which was then a blank document. He made her sign it on March 8, 1951.
A week after, the document was brought back by the respondent to the
complainant, signed by the Justice of the Peace and the Civil Registrar of San
Manuel, Tarlac, and by two witnesses. Since then the complainant and the
respondent lived together as husband and wife. Sometime later, the complainant
insisted on a religious ratification of their marriage and on July 7, 1951, the
corresponding ceremony was performed in Aparri by the parish priest of said
municipality. The priest no longer required the production of a marriage
license because of the civil marriage contract shown to him. After the ceremony
in Aparri, the couple returned to Manila as husband and wife and lived with
some friends. The complainant then discovered that the respondent was
previously married to someone else; whereupon, she filed the criminal action
for a violation of Article 350 of the Revised Penal Code in the Court of First
Instance of Cagayan and the present complaint for immorality in this court.
Issue:
Whether
or not the respondent’s grossly immoral conduct makes him disqualified to take
the bar examination.
Held:
Yes.
The Supreme Court held that committed a grossly immoral conduct, thus, he is
disqualified to take the bar examinations. Hilarion M. Peralta, the respondent,
made a mockery of marriage which is a sacred institution demanding respect and
dignity and his conviction of violation of Art. 350 of the Revised Penal Code
involves moral turpitude. His act in contracting the second marriage even his
act in making love to another woman while his first wife is still alive and
their marriage still valid and existing is contrary to honesty, justice, decency
and morality. Thus lacking the good moral character required by the Rules of
Court, the respondent is disqualified from being admitted to the bar.
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