The Supreme Court en banc has denied and dismissed an administrative complaint for disbarment filed by Silay City Administrator Ignacio Salmingo against Rodney Rubica.

On Sept. 27, 2004 Salmingo filed an administrative complaint against Rubica in connection with the declaration of nullity of his marriage to Liza Jane Estaño.

Salmingo alleged that in prosecuting the annulment case, Rubica deliberately concealed Liza Jane's address so that she could not be served with summons, enabling him to present evidence ex parte.

Rubica denied knowing Liza Jane's real address and having failed to comply with the procedural requirements in the declaration of nullity case. He, in fact, questioned Salmingo's standing to contest the decision of the trial court.

The Supreme Court referred the case to the Integrated Bar of the Philippines for investigation, report, and recommendation. The IBP investigating commissioner recommended that respondent be suspended for three months for gross misconduct. The IBP Board of Governors resolved to dismiss the case, however, for lack of sufficient evidence, the SC noted.

The SC, in its decision, said Salmingo is not even a real party in interest.

His invocation of the State's interest in protecting the sanctity of marriage does not give him the standing to question the court annulment of Rubica's marriage, the SC ruled.*CPG

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