Title
Supreme Court
Abanag vs. Mabute
Case
A.M. No. P-11-2922
Decision Date
Apr 4, 2011
A court stenographer faced allegations of disgraceful conduct and forced abortion by a former partner. The court dismissed the complaint, ruling their consensual relationship between unmarried adults did not constitute grossly immoral behavior warranting sanctions.

Case Digest (G.R. No. 128682)
Expanded Legal Reasoning Model

Facts:

  • Allegations of Misconduct
    • Mary Jane Abanag, a 23-year-old unmarried woman and court employee, filed a verified complaint against Nicolas B. Mabute, Court Stenographer I of the Municipal Circuit Trial Court (MCTC) in Paranas, Samar.
    • The complaint alleged that Mabute courted Abanag, professed undying love, and promised to marry her, which led her to cohabit with him.
    • After becoming pregnant, Abanag alleged that several months into her pregnancy, Mabute brought her to a local "manghihilot" and attempted to force her to take abortifacient drugs.
    • When Abanag resisted, Mabute allegedly became cold and eventually abandoned her, resulting in her suffering depression, a miscarriage, and discontinuation of her schooling due to humiliation.
  • Respondent’s Denials and Counterclaims
    • Nicolas B. Mabute categorically denied the allegations, describing the charges as baseless, false, and fabricated.
    • He asserted that the complaint was orchestrated by Norma Tordesillas, a co-employee of Abanag, who harbored personal resentment against him following a reprimand for her unprofessional behavior.
    • Mabute challenged the credibility of the complaint by noting its vernacular style, arguing that, if truly authored by Abanag, it would have been written in Waray or English rather than Tagalog.
    • Abanag, in turn, maintained that she personally wrote the letter-complaint and refuted the claim of external influence.
  • Procedural History and Investigation
    • The complaint was referred on July 29, 2005, to Acting Executive Judge Carmelita T. Cuares of the Regional Trial Court (RTC) of Catbalogan City, Samar for investigation.
    • Respondent sought the inhibition of Judge Cuares on grounds of alleged partiality, prompting the reassignment of the investigation first to Judge Esteban V. dela PeAa and eventually to Executive Judge Agerico A. Avila.
    • The investigation included testimony and evidence from both parties, along with other related documents, which were compiled and set forth in Judge Avila’s Report/Recommendation dated June 7, 2010.
  • Testimonies and Presentation of Evidence
    • The complainant testified that she met Mabute at a gatherings of the Singles for Christ, which led to a dating relationship and eventually cohabitation in a rented room near Mabute’s office.
    • Mabute confirmed the meeting at the Singles for Christ group and characterized their relationship as a consensual dating arrangement.
    • He admitted that Abanag resided with him and that he had proposed marriage and attempted to maintain a relationship despite opposition from her mother.
    • Mabute attributed Abanag’s miscarriage to her preexisting medical condition (epileptic attacks) rather than any interference, denying any involvement in forcibly inducing an abortion.
  • Findings of the Investigating Judge
    • The report noted that the relationship between Abanag and Mabute was a personal matter between two unmarried and consenting adults.
    • The investigating judge observed that, although the situation was non-ideal, such personal affairs do not warrant administrative sanction under existing legal provisions.
    • It was emphasized that there was insufficient evidence to support the claim of forced abortion and that the complaint’s allegations were largely self-serving.

Issues:

  • Whether the acts committed by the respondent constitute disgraceful and immoral conduct warranting administrative sanction.
    • Does the respondent’s behavior in his intimate relationship with the complainant, including the disputed episode surrounding the alleged forced abortion, meet the threshold for disciplinary action?
  • Whether the private, consensual relations of a court employee should be subject to regulation under the standards of moral conduct expected in public service.
    • Can the personal relationship between two unmarried, consenting adults be legitimately considered as grounds for administrative discipline?
  • Whether the evidence presented is sufficient to establish that the respondent’s conduct is grossly immoral or disgraceful.
    • Do the testimonies and investigation reports support a finding of gross immorality beyond mere personal misfortune or intimate discord?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

Analyze Cases Smarter, Faster
Jur is a legal research platform serving the Philippines with case digests and jurisprudence resources. AI digests are study aids only—use responsibly.