Title
Banaag vs. Espeleta
Case
A.M. No. P-11-3011
Decision Date
Nov 29, 2011
A court interpreter was found guilty of immoral conduct for an illicit affair with a married man, evidenced by financial transactions and witness testimonies, resulting in a fine despite her resignation.
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Case Digest (A.M. No. P-11-3011)

Facts:

    Background of the Administrative Case

    • Complainant Evelina C. Banaag filed a letter-complaint on May 3, 2009, before the Office of the Court Administrator (OCA).
    • The complaint charged respondent Olivia C. Espeleta, a court interpreter, with Gross Immorality and Conduct Prejudicial to the Best Interest of the Service.
    • The basis of the complaint was the allegation of an illicit and immoral relationship between Olivia and Evelina’s husband, Avelino C. Banaag.

    Chronology of Events Leading to the Complaint

    • In October 2005, Evelina first met Olivia when the latter, while accompanying a mutual acquaintance (Gloria Tubtub), visited Evelina’s house concerning a check encashment.
    • During that meeting, Olivia, presenting herself as a court interpreter at RTC, Branch 82, was introduced to Avelino Banaag.
    • Avelino, finding a commonality (both hailed from Batangas), exchanged contact information with Olivia.
    • Unbeknownst to Evelina, this encounter eventually blossomed into a romantic relationship between Olivia and Avelino.

    Discovery and Evidence of the Illicit Relationship

    • In 2006, Evelina discovered her husband’s affair when he requested withdrawal of P180,000.00 from their joint bank account, purportedly for a loan that was later partially retracted after revelations from a family member.
    • Anecdotal evidence emerged when Avelino was seen on two separate occasions in 2006 at Olivia’s residence in San Jose Del Monte, Bulacan; accompanied by his friend, Engr. Pacifico R. Sabigan.
    • Sabigan’s affidavit confirmed that although no compromising physical contact was witnessed, Avelino confessed that he and Olivia were involved and that he periodically gave her money (P5,000.00) for her groceries.
    • Evidentiary deposit slips showed that Avelino had been depositing substantial sums into Olivia’s Landbank account for three years (2006 to 2009) as well as into the accounts of Olivia’s daughter and co-employees.
    • Additional documentary evidence included affidavits (from Gloria Tubtub and Engr. Sabigan) and summaries of unauthorized withdrawals and unremitted rentals from the family’s commercial building.

    Response and Administrative Proceedings

    • The OCA directed Olivia to comment on the allegations within ten days from the receipt of its first indorsement (dated May 18, 2009); however, she failed to respond.
    • Subsequent notices were issued (the second on August 19, 2009) without compliance from the respondent.
    • On January 21, 2010, the OCA warned that failure to respond would result in the case being resolved based solely on the records.
    • The case was returned to the OCA for further evaluation, and it was eventually determined that Olivia had tendered her resignation on June 11, 2009.
    • Olivia’s resignation was endorsed by the Presiding Judge and the Executive Judge of RTC Branch 82. A later correspondence (dated August 12, 2009) indicated that she had departed for the United States, casting doubt on her intention to return.
    • The OCA, on August 11, 2011, recommended re-docketing the matter as a regular administrative complaint and finding Olivia guilty of Gross Immoral Conduct, with the imposition of a fine of P50,000.00.

Issue:

    Central Issue

    • Whether respondent Olivia C. Espeleta is guilty of engaging in conduct that is immoral under the criteria for Disgraceful and Immoral Conduct.
    • The issue revolves around the interpretation of her conduct and the associated evidence, particularly her involvement in an illicit affair with a married man (Avelino C. Banaag) and the financial transactions that supported it.

    Subsidiary Considerations

    • Whether the substantial evidence presented, including deposit slips and affidavits, sufficiently establishes the respondent’s participation in the alleged immoral conduct.
    • Whether the timing and manner of her resignation were indicative of an attempt to evade accountability for her actions.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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