A.Y. 1920 - ATTY. LEGARDA: Persons I

PERSONS I
A.Y. 1920– ATTY. LEGARDA
● The SC referred the complaint to the acting executive judge of the

TOPIC Binding Effect RTC for investigation, report, and recommendation.
CASE NO. A.M. No. P-11-2922 ● The respondent sought the inhibition of Judge Cuares from the case,
alleging that the judge was partial and had bias in favor of the
CASE NAME ABANAG v. MABUTE
complainant.
PONENTE BRION, J. ● The SC designated Judge dela Pena to continue with the investigation.
COMPLAINANT Mary Jane Abanag Judge Avila took over when he was designated the Executive Judge
RESPONDENT Nicolas B. Mabute (court stenographer of of the RTC of Catbalogan City, Samar.
Municipal Circuit Trial Court of Paranas, Samar) ● In Judge Avila’s report, the complainant testified that she met the
TYPE OF CASE Administrative Complaint respondent while she was a member of the Singles for Christ, they
MEMBER Miggy Vergeire dated until the lived together in a rented room.
● The respondent confirmed that he had met her in the Singles for Christ
DOCTRINE/LESSON OF THE CASE and that they were dating. He admitted that the complainant would
● Immoral conduct was defined as: “conduct that is willful, flagrant or stay in his room for 3-4 times a week. He however denied that he
shameless, and that shows a moral indifference to the opinion of the forced the complainant to abort the baby. The respondent claimed that
good and respectable members of the community.” the miscarriage was due to the complainant’s epileptic attacks, and
● To justify suspension or disbarment, the act complained of must not that the complainant’s mother did not approve of him and she forced
only be immoral, but grossly immoral. the complainant to return home, hence their separation since.
● A grossly immoral act is one that is so corrupt and false as to ● Judge Avila recommended the dismissal of the case, reporting that the
constitute a criminal act or an act so unprincipled or disgraceful as to relationship between a court employee and an equally unmarried
be reprehensible to a high degree woman has nothing to do with the former’s public employment, the
complainant freely cohabitated with him.
FACTS ● The judge stated that there was no law which penalizes or prescribes
● The complainant alleged that respondent courted her and professed the sexual activity of two unmarried persons. Although the accusation
his undying love for her. She agreed to live with him due to his of the complainant that the act of the respondent to initiate the
promise to marry her. Complainant became pregnant but the abortion was within the ambit of an immoral, disgraceful and gross
respondent forced her to abort the baby. When complainant did not misconduct, there was not enough evidence to support it.
-
agree, respondent abandoned her. She lost her baby and stopped going
to school because of the humiliation. ISSUES
● The respondent denied the allegations and claimed that the charges W/N the respondent’s acts were considered as disgraceful or grossly
were baseless, false and fabricated. He also averred that Norma immoral conduct?
Tordesillas, complainant’s co-employee, was using the complaint to
harass him. Tordesillas hated him because the respondent chastised RATIO DECIDENDI
her for her arrogant behavior in work. Were the complained acts considered disgraceful or grossly immoral
● Respondent believes that the complainant’s letter was prepared by conduct? NO.
Tordesilllas who is from Manila and fluent in Tagalog
● Complainant insisted that she wrote the letter herself in her reply. The SC held that sexual relations between the complainant and the
respondent were consensual, and that these relations were not enough
1
PERSONS I
A.Y. 1920– ATTY. LEGARDA
to warrant administrative sanction for illicit behavior. The SC

repeatedly held that voluntary intimacy between a man and a woman
who are not married, where both are not under an impediment to
marry and where no deceit exists, is neither a criminal nor an
unprincipled act that would warrant disbarment or disciplinary action.
While the SC has the power to regulate official conduct and, to a

certain extent, private conduct, it is not within their authority to decide
on matters touching on employee’s personal lives, especially those
that will affect their and their family’s future.
DISPOSITIVE POSITION
WHEREFORE, the Court resolves to DISMISS the present administrative
complaint against Nicolas B. Mabute, Stenographer 1 of the MCTC, Paranas,
Samar, for lack of merit. No costs.
RELEVANT LAWS
- Art 19 of the NCC: “Every person must, in the exercise of his
rights and in performance of his duties, act with justice, give
everyone his due, and observe honesty and good faith.”

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PERSONS I

A.Y. 1920– ATTY. LEGARDA

● The SC referred the complaint to the acting executive judge of the

to warrant administrative sanction for illicit behavior. The SC

While the SC has the power to regulate official conduct and, to a

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