Republic of the PhilippinesSUPREME COURT
SECOND DIVISION
A.M. No. 196 June 30, 1980
VIRGINIA SOTTO, petitioner, ORTANES DE GUIA, respondent.
AQUINO, J.:
At the instance of Virginia-Sotto De Guia and after due investigation and hearing, the Solicitor General in a complaint dated July 5, 1962 charged Ortanes de Guia (admitted to the bar in 1952 and married to the complainant in 1938) with grossly immoral conduct and for being unfit to be a member of the bar.
It was alleged in the complaint that the respondent contracted in 1944 a bigamous marriage with Catalina Manuel begetting a child with her, and that since 1953 he has been living with a mistress named Filomena Race.
For reasons not appearing in the record, no action was taken on the said complaint. What appears in the record is Mrs. De Guia's verified motion to dismiss dated August 11, 1961 wherein she prayed that she be allowed to withdraw her complaint The investigating fiscal recommended the denial of that motion.
In a letter dated April 17, 1980, Mrs. De Guia requested that this case be be dismissed because the respondent, her husband band, died on August 13, 1979. A certified copy of the death certificate was attached to the letter.
She also requested that she be allowed to withdraw her marriage contract, Exhibit A, and to substitute it with a photostatic copy thereof.
Complainants requests are hereby granted. As a disbarment is a proceedings which is personal to the respondent his death naturally extinguishes the proceedings Actio personalis moritur cum persona.
WHEREFORE, this case is considered The contract, Exhibit A, may be returned to the complaint upon her ration to the Clerk of Court of a photostatic copy thereof.
SO ORDERED.
Barredo (Chairman), Concepcion, Jr., Abad Santos and De Castro, JJ., concur.
Virginia Sotto vs. Ortanes De Guia
This is an administrative case, Virginia Sotto vs. Ortanes De Guia (A.M. No. 196, June 30, 1980). The Supreme Court granted the request of the complainant, Virginia Sotto, to dismiss the case due to the death of the respondent, Ortanes De Guia, on August 13, 1979. The case was originally filed against De Guia for grossly immoral conduct and unfitness to be a member of the bar due to his bigamous marriage and living with a mistress. However, no action was taken on the complaint, and Sotto filed a motion to dismiss in 1961. The legal issue in this case is whether the death of the respondent extinguishes the disbarment proceedings, and the Supreme Court held that it does, as it is a personal action. Therefore, the case was dismissed, and Sotto was allowed to substitute the original marriage contract exhibit with a photostatic copy.
Quick Answers
- What is Virginia Sotto vs. Ortanes De Guia about?
- This is an administrative case, Virginia Sotto vs. Ortanes De Guia (A.M. No. 196, June 30, 1980). The Supreme Court granted the request of the complainant, Virginia Sotto, to dismiss the case due to the death of the respondent, Ortanes De Guia, on August 13, 1979. The case was originally filed against De Guia for grossly immoral conduct and unfitness to be a member of the bar due to his bigamous marriage and living with a mistress. However, no action was taken on the complaint, and Sotto filed a motion to dismiss in 1961. The legal issue in this case is whether the death of the respondent extinguishes the disbarment proceedings, and the Supreme Court held that it does, as it is a personal action. Therefore, the case was dismissed, and Sotto was allowed to substitute the original marriage contract exhibit with a photostatic copy.
- Which court decided Virginia Sotto vs. Ortanes De Guia?
- Virginia Sotto vs. Ortanes De Guia was decided by the Supreme Court of the Philippines.
- When was Virginia Sotto vs. Ortanes De Guia decided?
- Virginia Sotto vs. Ortanes De Guia (A.M. No. 196) was decided on Jun 30, 1980.
- What is the citation for Virginia Sotto vs. Ortanes De Guia?
- Virginia Sotto vs. Ortanes De Guia, A.M. No. 196, Jun 30, 1980 (Supreme Court of the Philippines)
Case Information
- Case Number
- A.M. No. 196
- Decision Date
- Court
- Supreme Court of the Philippines
- Jurisdiction
- Philippines
Full Decision Text
Cite This Case
Virginia Sotto vs. Ortanes De Guia, A.M. No. 196, Jun 30, 1980 (Supreme Court of the Philippines)
Supreme Court of the Philippines. (1980). Virginia Sotto vs. Ortanes De Guia (A.M. No. 196). Retrieved from https://legaldex.com/jurisprudence/virginia-sotto-vs-ortanes-de-guia
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