Case Digest (A.M. No. P-93-985)
Facts:
The case involves Marta T. Bucatcat (complainant) against her husband Edgar Y. Bucatcat and Gene S. Jaro (respondents), who are a Court Interpreter and Clerk of Court, respectively, at the Third Municipal Circuit Trial Court of Gandara, Samar. The complaint was filed on July 1, 1993, alleging immorality between the respondents. Complainant claimed that she is the legal wife of Edgar, with whom she has been separated for several years, raising their two daughters without support from him. She accused the respondents of having an illicit relationship, asserting that they have two children together and that Gene Jaro was pregnant with their third child at the time of the complaint.
In response, Edgar denied the allegations, asserting that he had not maintained an affair with Gene and that he was not the father of her children. He explained that he married Marta on December 19, 1979, but left her due to her relatives' domineering behavior. He claimed to have continued prov...
Case Digest (A.M. No. P-93-985)
Facts:
Parties Involved:
- Complainant: Marta T. Bucatcat, the legal wife of respondent Edgar Y. Bucatcat.
- Respondents:
- Edgar Y. Bucatcat, Court Interpreter of the Third Municipal Circuit Trial Court of Gandara, Samar.
- Gene S. Jaro, Clerk of Court of the same court.
Allegations:
- Complainant alleged that respondents were engaged in an illicit relationship.
- She claimed that respondent Jaro had two children fathered by respondent Bucatcat and was pregnant with their third child at the time of filing the complaint.
- Complainant also stated that she and respondent Bucatcat had been separated for several years, and she was raising their two daughters without financial support from him.
Respondents' Defense:
- Edgar Bucatcat: Denied the affair and paternity of Jaro’s children. He claimed that he left complainant due to her domineering relatives and continued to provide financial support to his family. He also alleged that the complaint was preemptive, as he intended to file an immorality charge against complainant for her alleged affair with Cpl. Antonio Zaen.
- Gene Jaro: Denied the affair and asserted that she was legally married to Jaime R. Jaro, with whom she had five children. She claimed that her husband was the father of all her children, as evidenced by their birth certificates.
Investigation Findings:
- Witnesses testified that respondents were living together, and midwife Eva Llacer Glore confirmed that Jaro’s husband was absent during the births of her last three children.
- Complainant presented a death certificate showing that Jaime R. Jaro (Jaro’s husband) died in 1989, implying that he could not have fathered the last three children.
- Respondents’ witnesses denied seeing them together or living together.
Key Evidence:
- Birth certificates of Jaro’s children showing Jaime Jaro as the father.
- Death certificate of Jaime R. Jaro, which complainant claimed was Jaro’s husband.
- A letter from Jaro to Bucatcat expressing affection, which Bucatcat denied receiving.
- Testimony of witnesses supporting the illicit relationship.
Issue:
- Whether respondents Edgar Bucatcat and Gene Jaro were engaged in an illicit relationship, constituting immorality.
- Whether the evidence presented by the complainant was sufficient to prove the allegations of immorality.
- Whether respondents’ conduct warranted disciplinary action under civil service rules and judicial standards.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Disposition
Respondents Edgar Y. Bucatcat and Gene S. Jaro were dismissed from service, with forfeiture of all retirement benefits and accrued leave credits. They were also barred from reemployment in any government branch or instrumentality.