Bunagan-Bansig v.

Celera
A.C. No. 5581 || January 14, 2014
PER CURIAM

CASE DOCTRINE (with reference to the topic in the syllabus)

Certified xerox copies of the marrage contracts, issued by a public officer in custody thereof, are admisible as the best
evidence of their contents, as provided for under Sec. 7, Rule 130 of the Rules of Court 1.

SUMMARY:
Bansig filed a Petition for Disbarment against Atty. Celera for contracting a bigamous marriage with a certain Alba while
his marriage with petitioner’s sister, Gracemarie Bunagan, was still valid and subsisting. The Court ruled for Atty. Celera’s
disbarment, finding him guilty of grossly immoral conduct, partly because of the bigamous marriage he contracted, as
evidenced by certified xerox copies issued by a public officer in custody thereof, which are admissible as these
documents are the best evidence of their contents.

FACTS:
● Rose Bunagan-Bansig (Bansig) filed a Petition for Disbarment against Atty. Rogelio Juan A. Celera (Celera) for
Gross Immoral Conduct.
○ Bansig narrated that Celera and her sister, Gracemarie Bunagan (Bunagan) entered into a contract of
marriage, as evidenceby a certifed xerox copy of the certificate of marriage issed by the City Civil Registry
of Manila.
○ She further claims that while said marriage was still valid and in full legal existence, not having been
annulled or rendered void by any lawful authority, Celera contracted another marriage with a certain Ma.
Cielo Paz Torres Alba, less than a year since his marriage with Bunagan. This was evidenced by a
certified xerox copy of the certificate of marriage issued by City Registration Officer of San Juan, Manila.
● Bansig alleged that respondent’s act of contracting marriage with Alba, while his marriage is still subsisting,
constitutes grossly immoral conduct, unbecoming of a member of the Bar, which renders him unfit to continue his
membership in the Bar.
● The Integrated Bar of the Philippines, Commission on Bar Discipline, recommended that Atty. Celera be
suspended for a period of 2 years from the practice of law.

ISSUE(S), HOLDING, AND RATIO:

RULING RATIO

WON a certified xerox copy of the marriage
certificates are admissible? – YES, certified
xerox copies of the marrage contracts, issued
by a public officer in custody thereof, are
admisible as the best evidence of their
contents, as provided for under Sec. 7, Rule
130 of the Rules of Court.
● The certified xerox copies of the marriage certificates clearly
indicate that Celera contracted the second marriage while the
first marriage is subsisting. They were sufficient to establish
the existence of two marriages because certified xerox copies
are accorded the full faith and credence given to public
documents.
○ The marriage certificates, bearing the name of Celera
are competent and convincing evidence to prove that
he committed bigamy.
○ The clear preponderant evidence that is required by
the Court to justify the imposition of an administrative
penalty was present in this case.

1
Sec. 7. Evidence admissible when original document is a public record. — When the original of a document is in the
custody of a public officer or is recorded in a public office, its contents may be proved by a certified copy issued by the
public officer in custody thereof.
B2023(CARINO) - LAW 126, PROF. AVENA
DISPOSITIVE:
IN VIEW OF ALL THE FOREGOING , we find respondent ATTY. ROGELIO JUAN A. CELERA, guilty of grossly immoral
conduct and willful disobedience of lawful orders rendering him unworthy of continuing membership in the legal
profession. He is thus ordered DISBARRED from the practice of law and his name stricken off the Roll of Attorneys,
effective immediately.

Let copies of this Decision be furnished the Office of the Bar Confidant, which shall forthwith record it in the personal file
of respondent. All the Courts of the Philippines and the Integrated Bar of the Philippines shall disseminate copies thereof
to all its Chapters.

B2023(CARINO) - LAW 126, PROF. AVENA