Case Digest (A.M. No. MTJ-92-716)
Facts:
The case involves Ma. Blyth B. Abadilla, a Clerk of Court, as the complainant against Judge Jose C. Tabiliran, Jr., the Presiding Judge of the 8th Municipal Circuit Trial Court in Manukan and Jose Dalman, Zamboanga del Norte. The complaint was filed on September 8, 1992, alleging "gross immorality, deceitful conduct, and corruption unbecoming of a judge." The complainant accused the respondent of scandalously cohabiting with Priscilla Q. Baybayan while still married to Teresita Banzuela, claiming that this constituted bigamy. The respondent allegedly misrepresented himself as "single" in the marriage contract with Baybayan, which was executed on May 23, 1986. The complaint also highlighted that the respondent had three children with Baybayan, whom he falsely registered as legitimate by claiming the delays were due to inadvertence. Furthermore, the respondent was accused of corruption for engaging in private law practice during office hours, charging excess...
Case Digest (A.M. No. MTJ-92-716)
Facts:
Background of the Case:
- The administrative case arose from a complaint filed by Ma. Blyth B. Abadilla, Clerk of Court, against Judge Jose C. Tabiliran, Jr., Presiding Judge of the 8th Municipal Circuit Trial Court (MCTC) in Manukan, Zamboanga del Norte.
- The complaint charged Judge Tabiliran with gross immorality, deceitful conduct, and corruption unbecoming of a judge.
Charge of Gross Immorality:
- Complainant alleged that Judge Tabiliran publicly cohabited with Priscilla Q. Baybayan while still legally married to Teresita Banzuela.
- On May 23, 1986, Judge Tabiliran contracted a bigamous marriage with Baybayan, falsely representing himself as "single" in the marriage contract.
- Evidence showed that Judge Tabiliran had three children with Baybayan (Buenasol, Venus, and Saturn) born between 1970 and 1975, while his marriage to Banzuela was still valid.
- Respondent claimed that his first wife abandoned the family home in 1966 and had been absent for over 25 years, invoking the presumption of death under Article 390 of the Civil Code.
Charge of Deceitful Conduct:
- Complainant alleged that Judge Tabiliran falsely registered his three illegitimate children with Baybayan as "legitimate" by executing affidavits claiming delayed registration due to inadvertence or oversight.
- The birth certificates of the children indicated they were legitimate, despite being born out of an adulterous relationship.
Charge of Corruption:
- Private Practice of Law: Judge Tabiliran was accused of using office time to prepare and notarize documents for private clients, charging fees beyond the authorized rates for an Ex-Officio Notary Public.
- Bribery: Complainant alleged that Judge Tabiliran accepted bribes, including a bag of fish and squid from a litigant, Edna Siton.
- Affidavit of Desistance: Judge Tabiliran was accused of preparing an Affidavit of Desistance in a rape case pending in his court and collecting P500.00 from the accused.
Respondent’s Defense:
- Judge Tabiliran denied the charges, claiming his cohabitation with Baybayan was not immoral as his first wife had been absent for over 25 years.
- He admitted to notarizing documents but claimed the fees were used to subsidize office expenses due to inadequate government funding.
- He denied accepting bribes and preparing the Affidavit of Desistance for a fee.
Investigation by Executive Judge Angeles:
- The case was referred to Executive Judge Jesus O. Angeles, who found Judge Tabiliran guilty of two counts of corruption:
- Acting as a Notary Public and collecting fees.
- Preparing an Affidavit of Desistance and receiving payment.
- Judge Angeles recommended a three-month suspension.
- The case was referred to Executive Judge Jesus O. Angeles, who found Judge Tabiliran guilty of two counts of corruption:
Issue:
- Whether Judge Tabiliran is guilty of gross immorality for cohabiting with Priscilla Baybayan while still married to Teresita Banzuela.
- Whether Judge Tabiliran is guilty of deceitful conduct for falsely registering his illegitimate children as legitimate.
- Whether Judge Tabiliran is guilty of corruption for:
- Acting as a Notary Public and collecting fees during office hours.
- Accepting bribes from litigants.
- Preparing an Affidavit of Desistance and receiving payment.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)