Title
Supreme Court
Abid-Babano vs. Executive Secretary
Case
G.R. No. 201176
Decision Date
Aug 28, 2019
A public official was cleared of neglect for not disclosing her husband’s assets in her SALN, as their marriage followed a complete separation of property regime under Muslim law.

Case Digest (G.R. No. 201176)
Expanded Legal Reasoning Model

Facts:

Background of the Case
Petitioner Estrella Abid-Babano, a Regional Director of the Department of Education-Region XII, was charged with violating Section 8 of Republic Act No. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) and Section 46(b)(1) of Executive Order No. 292 (Administrative Code of 1987) for failing to declare in her Statement of Assets, Liabilities, and Net Worth (SALN) two motor vehicles registered under her husband’s name for the years 2000 to 2005.

Undisputed Facts
The Presidential Anti-Graft Commission (PAGC) found petitioner guilty of simple neglect of duty for failing to disclose the motor vehicles owned by her husband, Macmod S. Pangandaman, who was also a public servant required to file his own SALN. The PAGC recommended her suspension for six months and one day to one year. The Office of the President (OP) upheld the PAGC’s findings but reduced the penalty to six months of suspension.

Petitioner’s Defense
Petitioner argued that the undeclared motor vehicles were not hers but her husband’s. She also claimed that she correctly declared the value of the assets in her SALN, albeit inaccurately, due to inadvertence. She further contended that her marriage to her husband, a Muslim, was governed by a regime of complete separation of property under Presidential Decree No. 1083 (Code of Muslim Personal Laws), and thus, she was not required to disclose her husband’s properties.

Court of Appeals Decision
The Court of Appeals (CA) affirmed the OP’s decision, ruling that Republic Act No. 6713 requires the disclosure of a spouse’s assets without exception, regardless of the property regime governing the marriage.

Issues:

The sole issue before the Supreme Court was:
Whether the non-inclusion by petitioner in her SALN of the vehicles owned by and registered in the name of her husband constitutes neglect of duty or a mistake in good faith.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Conclusion:

The Supreme Court ruled in favor of petitioner, holding that she was not liable for failing to disclose her husband’s properties in her SALN due to the complete separation of property regime governing their marriage. The Court reversed the CA’s decision and dismissed the administrative charge against her.

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