Case Digest (G.R. No. 196842)
Facts:
In Busuego v. Office of the Ombudsman (Mindanao) and Rosa S. Busuego (G.R. No. 196842, June 30, 2014), petitioner Alfredo Romulo A. Busuego, then Chief of Hospital at Davao Regional Hospital in Tagum City, was complained of by his wife, Rosa S. Busuego. They were married on July 12, 1975 and had two sons born in 1976 and 1978. In 1983, Rosa discovered love letters and photographs suggesting Alfredo’s infidelity. In March 1985, when Rosa planned to work in New York, Alfredo threatened her life with a gun, prompting her departure. While Rosa supported the family financially in the U.S., Alfredo allegedly failed to remit support. In 1997, Rosa learned that nurse Emy Sia was living in their conjugal home; eventually, she confirmed that Sia and later Julie de Leon had been Alfredo’s mistresses who slept in the conjugal bedroom on various occasions. Rosa filed a complaint with the Ombudsman on April 17, 2009 for (1) concubinage under Article 334, Revised Penal Code, (2) violation of RCase Digest (G.R. No. 196842)
Facts:
- Parties and Background
- Petitioner Alfredo Romulo A. Busuego (Alfredo) was married to respondent Rosa S. Busuego (Rosa) on July 12, 1975, with two sons, Alfred and Robert.
- Alfredo was Chief of Hospital of the Davao Regional Hospital in Tagum City.
- Rosa filed a complaint before the Office of the Ombudsman accusing Alfredo of:
- Concubinage under Article 334 of the Revised Penal Code,
- Violation of RA 9262 (Anti-Violence Against Women and Their Children Act), and
- Grave Threats under Article 282 of the Revised Penal Code.
- Marital Deterioration and Alleged Acts of Concubinage
- Marital problems began around 1983 when Rosa found photographs and love letters from other women addressed to Alfredo.
- Alfredo generally was absent from his family, spending little time at home and often late at night or weekends away.
- Rosa planned to work in the US as a nurse in 1985, opposed by Alfredo, who threatened her with a gun.
- Rosa left for the US, was later joined by their children; Alfredo did not provide financial support; Rosa supported the family financially.
- In 1997, Rosa discovered Emy Sia (Sia) living in the conjugal home; Alfredo claimed Sia was a nurse in a dire situation.
- Later, Rosa learned of Alfredo's ongoing extra-marital affairs through their son Robert, including Sia and another mistress, Julie de Leon (de Leon).
- Househelpers corroborated Rosa's allegations, stating that Sia and de Leon stayed overnight in the conjugal bedroom.
- Alfredo denied allegations, claiming alleged mistresses were not cohabiting or sexually involved with him and cited work demands and frequent absences from home.
- Procedural History
- Ombudsman conducted preliminary investigation; Rosa was initially required to implead the alleged mistresses per Article 344 of the Revised Penal Code.
- Sia and de Leon were impleaded as party-respondents but did not file counter-affidavits; Sia’s summons was returned unclaimed.
- Alfredo filed motions to dismiss and referral to the City Prosecutor due to procedural and jurisdictional issues.
- Ombudsman found probable cause to indict Alfredo and Sia for Concubinage and ordered the filing of Information.
- Charges against Alfredo for Concubinage involving de Leon, Grave Threats, and violations of RA 9262 were dismissed for lack of merit.
- Alfredo moved for reconsideration, denied by Ombudsman for being filed out of time and lack of merit.
- Alfredo petitioned the Supreme Court seeking annulment of the Ombudsman’s resolution.
Issues:
- Whether the Ombudsman committed grave abuse of discretion in:
- Including Sia and de Leon as party-respondents without Alfredo's consent.
- Exercising jurisdiction and not referring the complaint to the Department of Justice (DOJ) or City Prosecutor.
- Overlooking Rosa’s alleged condonation of Alfredo’s concubinage.
- Disregarding the recantation affidavit of househelper Liza S. Diambangan.
- Finding probable cause to indict Alfredo and Sia for concubinage.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)