A.M. No. MTJ-95-1070 - Apiag vs. Cantero

The case involves respondent Judge Esmeraldo G. Cantero, a Municipal Circuit Trial Judge, and complainants Maria Apiag, Teresita Cantero Securom, and Glicerio Cantero.
The complaint, initiated in a letter dated November 10, 1993, alleges gross misconduct against Judge Cantero for committing bigamy and falsification of public documents.

It is alleged that on August 11, 1947, Judge Cantero and complainant Maria Apiag entered into a marriage after a youthful love affair that produced two children: Teresita (born June 19, 1947) and Glicerio (born October 29, 1953).
Complainants assert that Judge Cantero abandoned the conjugal home, leaving Maria Apiag to raise the children on her modest income as a public school teacher in Hinundayan, Southern Leyte.
Subsequent developments revealed that the judge had reportedly established a second family. Documents indicate that he represented himself as married to Nieves C. Ygay—an assertion later contradicted by the complainants’ evidence that his only valid marriage was with Maria Apiag.

Following the initial complaint, a formal letter dated September 21, 1993 sent by attorney Redentor G. Guyala demanded maintenance and support for Maria Apiag and the children, and requested for them to be named as compulsory heirs and beneficiaries.
The letter was met with no response from the judge and later developments confirmed that Judge Cantero had another family with Nieves C. Ygay, evidenced by public documents such as his sworn statement of assets, personal data sheets, and income tax returns.

In his Comment, Judge Cantero explained that the purported second marriage was “dramatized” at the instigation of his parents without his freely given consent.
He described the union with Maria Apiag as a youthful arrangement formed under pressure to preserve family honor—despite the fact that he never cohabited with her, and they separated immediately after the “drama marriage.”
He detailed his subsequent legal and governmental career milestones, including his passage in the bar (1960), service with the Comelec (1964), appointment at the Department of Justice (1982), and placement in the judiciary (1989).

A compromise agreement dated March 1994 was executed between Judge Cantero and Teresita Sacurom, with Maria Apiag and Leovegardo Sacurom as witnesses.
The agreement provided that Teresita and her brother would receive a specified share of the judge’s retirement benefits, additional inclusion as beneficiary in case of death, and a monthly allowance of P4,000.00 from his salary.
Further, a letter dated March 14, 1994 to the GSIS by the respondent designated Teresita and Glicerio as additional beneficiaries in his life insurance policy.

The case was referred for investigation by Executive Judge Gualberto P. Delgado, who recommended a one-year suspension without pay for gross misconduct related to bigamy and falsification.
The Office of the Court Administrator (OCA) supported these findings and recommended the judge’s dismissal, emphasizing the misrepresentation in his documents and the improper conduct in maintaining two families.

Whether the marriage of Judge Cantero with Maria Apiag on August 11, 1947 was void ab initio, and if its void nature obviated the need for a judicial declaration of nullity.
Whether the absence of Maria Apiag for more than seven years permits the presumption of her death without an ensuing judicial declaration.

Whether the charge of grave misconduct, alleged to be committed by Judge Cantero, is applicable given that the misconduct (bigamy and falsification) allegedly occurred before or outside the scope of his judicial functions.
Whether the continuing nature of the alleged criminal acts (from the time he became a lawyer to his time as a judge) warrants administrative penalties despite his lengthy service record.

Whether the charges of bigamy and falsification had already prescribed in law.
Whether the allegations have sufficient factual and legal basis to sustain disciplinary action.