2018 Legal and Judicial Ethics, Q5

Carlos contracted two marriages: the first was with Consuelo, whom he left in the province, and the second was with Corinne in Manila, with whom he had six (6) children. Both women were unaware of Carlo’s marriage to the other.
When Carlos entered law school, he met Cristina, a classmate, to whom he confided his marital status. Not long after, Carlos and Cristina became involved in an extramarital affair, as a result of which Carlos left Corinne and their children. During Carlos and Cristina’s senior year in law school, Consuelo passed away. After their admission to the bar, Atty. Carlos and Atty. Cristina decided to get married in Hong Kong in a very private ceremony. When Corinne learned of Carlos and Cristina’s wedding in Hong Kong, she filed a disbarment case against Atty. Carlos and Atty. Cristina on the ground of gross immorality. Atty. Carlos and Atty. Cristina raised the following defenses:
a) the acts complained of took place before they were admitted to the bar; and
b) Atty. Carlos’ marriage to Corinne was void ab initio due to his subsisting first marriage with Consuelo, and they were free to marry after Consuelo died.
Rule on each defense. (2.5% each)

Quick check

Does good moral character apply only at the time of admission to the Philippine Bar?

Can a person contract a subsequent marriage without a judicial declaration of nullity of a previous void marriage?

What is the effect if a law student commits grossly immoral conduct and later passes the Bar Examinations?

How does Philippine law classify cohabitation and marriage with an extramarital partner without a judicial nullity decree?

Is a female lawyer who knowingly marries a married man whose prior marriage has not been judicially declared void liable for disbarment?

Learn more about these topics

1. Continuing Moral Character
Under the Code of Professional Responsibility and Accountability (CPRA), good moral character is not only a mandatory prerequisite for admission to the practice of law but also a continuing requirement for maintaining membership in the Philippine Bar. Consequently, unlawful, immoral, or deceitful acts committed prior to bar admission remain actionable in disbarment or disciplinary proceedings once the applicant is admitted to the Bar. A lawyer cannot escape administrative liability for gross immorality by alleging that the immoral conduct commenced when he was still a law student or bar candidate.

2. Judicial Nullity Requirement
Under Article 40 of the Family Code of the Philippines, the absolute nullity of a previous marriage may be invoked for purposes of remarriage solely on the basis of a final judgment declaring such previous marriage void. A party to a void marriage cannot unilaterally treat it as null and void and contract a subsequent marriage without first securing a judicial declaration of nullity. Contracting a subsequent marriage or cohabiting in an extramarital relationship without such judicial decree constitutes gross immorality, bigamy, and a grave violation of the lawyer's oath.

3. Gross Immorality Standard
Grossly immoral conduct is defined as conduct that is willful, flagrant, or shameless, showing a moral indifference to the opinion of the good and respectable members of the community. Marrying or maintaining an illicit romantic relationship while a prior marriage remains legally subsisting, and abandoning one's spouse and children to cohabit with a mistress, demonstrates deplorable moral turpitude. Both the lawyer who abandons his family and the fellow attorney who knowingly participates in such illicit relationship are administratively liable for gross immorality under the CPRA.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026