Cited Laws
Accordingly, there is neither a plaintiff nor a prosecutor therein. [They] may be initiated by the Court motu proprio. Public interest is [their] primary objective, and the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such. Hence, in the exercise of its disciplinary powers, the Court merely calls upon a member of the Bar to account for his actuations as an officer of the Court with the end in view of preserving the purity of the legal profession and the proper and honest administration of justice by purging the profession of members who by their misconduct have prove[n] themselves no longer worthy to be entrusted with the duties and responsibilities pertaining to the office of an attorney. In such posture, there can thus be no occasion to speak of a complainant or a prosecutor. Accordingly, one's unfitness as a lawyer does not automatically mean one's unfitness as a husband or vice versa . [41] The yardsticks for such roles are simply different. This is why the disposition in a disbarment case cannot be conclusive on an action for declaration of nullity of marriage. While Rosa's charges sufficiently proved Justo's unfitness as a lawyer, however, they may not establish that he is psychologically incapacitated to perform his duties as a husband. In the disbarment case, "the real question for determination is whether or not the attorney is still a fit person to be allowed the privileges as such." Its purpose is "to protect the court and the public from the misconduct of officers of the court." On the other hand, in an action for declaration of nullity of marriage based on the ground of psychological incapacity, the question for determination is whether the guilty party suffers a grave, incurable, and pre-existing mental incapacity that renders him truly incognitive of the basic marital covenants. Its purpose is to free the innocent party from a meaningless marriage. In this case, as will be seen in the following discussion, Justo's acts are not sufficient to conclude that he is psychologically incapacitated, albeit such acts really fall short of what is expected from a lawyer. II Whether a remand of this case to the RTC is necessary. The presentation of an expert witness to prove psychological incapacity has its origin in Molina . [42] One of the Guidelines set forth therein states: (2) The root cause of the psychological incapacity must be (a) medically or clinically identified, (b) alleged in the complaint, (c) sufficiently proven by experts, and (d) clearly explained in the decision. Article 36 of the Family Code requires that the incapacity must be psychological -- not physical, although its manifestations and/or symptoms may be physical. The evidence must convince the court that the parties, or one of them, was mentally or psychically ill to such an extent that the person could not have known the obligations he was assuming, or knowing them, could not have given valid assum