A.M. No. MTJ-90-460 - Court Administrator vs. Villanueva

Case Digest (A.M. No. MTJ-90-460)
Advanced

Facts:

Filing of the administrative complaint and preliminary investigation
On September 10, 1990, the Office of the Court Administrator filed a complaint for gross immorality against Osmundo M. Villanueva, Judge, MCTC, Bagumbayan-Esperanza, Sultan Kudarat, and Heide B. Pacaco, Clerk of Court, MCTC, Bagumbayan-Esperanza, Sultan Kudarat.
The complaint alleged that Judge Villanueva had a “querida” named Heide B. Pacaco and that he had an illegitimate child with her named Ceasar Anthony P. Villanueva, aged four years.
On June 7, 1990, the OCA received an unsworn letter-complaint from a concerned citizen of Sultan Kudarat alleging the foregoing relationship and child.
On June 19, 1990, the OCA directed Judge German Malcampo, RTC, Branch 19, Isulan, Sultan Kudarat, to conduct a discreet investigation and report.
In an indorsement dated July 24, 1990, Judge Malcampo confirmed the allegations substantially and stated that information on the child’s personal circumstances was obtained from the Montessori Learning Center, Isulan, Sultan Kudarat, where the child was enrolled.

Court actions on the complaint and the conduct of the investigation
On September 18, 1990, the Court required respondents to comment.
Respondents filed separate answers denying the charges and praying for dismissal.
Respondents presented a certification from the Montessori Learning Center stating that Ceasar Anthony P. Villanueva was the son of Oscar M. Villanueva and Helen B. Paciente.
On December 11, 1990, the Court referred the case to Judge German M. Malcampo for investigation, report, and recommendation within ninety (90) days.
On March 7, 1991, respondents filed a joint motion for inhibition, praying to inhibit Judge Malcampo due to his initial investigation.
On May 30, 1991, the Court granted the motion and designated Judge Romeo S. Sucaldito, RTC, Branch 20, Tacurong, Sultan Kudarat, in lieu of Judge Malcampo.

Testimony and documentary evidence during the investigation
For the complainant, three witnesses testified: Mila Villaflores, Gemma Panagdato, and Belen Lopez.
Judge Villanueva testified in his behalf and presented Arcadio Ramos, Chief Documents Examiner of the NBI.
Heide Pacaco testified and adopted the testimonies of Judge Villanueva, Mila Villaflores, and Emma Panagdato as part of her evidence.
The documentary evidence central to the case included the Certificate of Live Birth of Ceasar Anthony P. Villanueva, marked as Exhibit “D”.

Respondents’ defenses in their memoranda
On December 17, 1991, Judge Villanueva filed his memorandum.
He attacked the authenticity of Exhibit “D”, alleging:

The birth certificate’s authenticity was doubtful.
The identifier Belen Lopez did not know who prepared it.
She could not remember who signed it.
It was never subscribed by her and was not completely filled up.
It contained alterations not explained.
The signature purportedly belonging to Judge Villanueva was not his signature.

He further argued that Exhibit “D” was inadmissible to prove filiation because the alleged illegitimate father did not sign the certificate under oath, and that no other evidence showed he was guilty of immorality.
Heide Pacaco filed her memorandum raising substantially the same authenticity objections and additionally:

Denied that the signature appearing on the birth certificate was hers.
Claimed that the presumption of regularity in public documents was overcome by irregularities and alleged forged signatures.

Investigating Judge’s report and factual findings (Judge Sucaldito)
Judge Sucaldito submitted his Report and Recommendation dated March 4, 1993.
The investigating judge found the following, among others:

Montessori witnesses:

Mila Villaflores, principal of Montessori Learning Center in Isulan, knew Caesar Anthony personally as a pupil but had not met his parents.
The enrollment form listed his parents as Helen B. Paciente and Oscar M. Villanueva.
Villaflores brought enrollment form (Exh. “A”), birth certificate (Exh. “B”), and a progress report card (Exh. “C”) upon subpoena, but could not recall who prepared Exhibit “A.”
Exhibit “B” was only a machine copy; Montessori allegedly did not require original birth certificates.
Gemma Panagdato, a nursery teacher for school year 1990–1991, handled Caesar Anthony as a pupil.
Panagdato did not know Helen B. Paciente and had never seen her.
Gemma Panagdato testified that Caesar Anthony lived with Heide Pacaco, the neighbor.

Local Civil Registry witness:

Belen Lopez, City Department Head of the Local Civil Registry of General Santos City, brought the birth certificate of Caesar Anthony Pacaco Villanueva bearing Registry No. 86-05846 and a certified machine copy (Exh. “D”).
Both the original certificate and the machine copy bore her signatures.
The birth certificate showed the child was born on September 15, 1986 at General S. District Hospital in General Santos City.
It named “Haide Pacaco” as mother and “Osmundo Villanueva” as father.
It stated that the informant of birth was “Haide P. Villanueva”, with relationship to the child stated as “mother.”
A signature above the typewritten name clearly read “hbpacaco” in the original in green ink (Exh. “D-4”).
An “Affidavit of Acknowledgment” on the back of Exhibit “D” contained entries written in green ink similar to the signature “hbpacaco.”
The affidavit listed Osmundo M. Villanueva and Heide B. Pacaco as father and mother, respectively.
In the father signature space, there was an illegible signature written in green ink; in the mother signature space, the signature read “hbpacaco.”
Lopez testified that the birth of the child was registered on October 2, 1986.
Lopez also brought the birth certificate of Caesar Anthony Paciente Villanueva and compared it with the certified machine copy (Exh. “E”).
Exhibit “E” was faithful to the original certificate.
That certificate showed the child was born on September 13, 1985 at San Roque, Makar, General Santos City, to Oscar Mallari Villanueva and Helen Bibet Paciente, informant Helen Bibet Paciente, and birth registered under the late registration system on January 9, 1991 under Register No. indicated in the record.

Judge Villanueva’s testimony and actions:

Judge Villanueva denied having an illicit relationship or having a child with Heide Pacaco.
He stated their relationship was only that of superior to subordinate.
He denied authorship of the signature above “Signature of Father” in Exhibit “D-5,” claiming forgery.
He said he learned of the signature only after Exhibit “D” was marked in evidence and then wrote to Belen Lopez informing her of the supposed forgery and his intention to have the signature examined by NBI handwriting experts.
When shown Exh. “D-4” (signature “hbpacaco” above the typewritten “Heide P. Villanueva,” “Mother”), he testified it “looks like her signature.”
When shown the signature “hbpacaco” above “Signature of Mother” in Exhibit “D-5,” he testified it “seems to be that of the Clerk of Court, Heide Pacaco.”
He testified that when he confronted Heide Pacaco, she answered that he was “not the only Villanueva in the world.”
He testified that she did not deny or admit whether Caesar Anthony was her son.
He attributed the filing of the case to disgruntled litigants.

Heide Pacaco’s testimony and explanation:

Heide Pacaco stated she was single and had been Clerk of Court for about twelve years.
She denied an illicit relationship or that Caesar Anthony was Judge Villanueva’s child.
She claimed that Caes...(Subscriber-Only)

Unlock Full Case Digest

Supreme Court E-Library

Case Digest (A.M. No. MTJ-90-460)
Concise Detailed

Facts:

Issues:

Case Digest (A.M. No. MTJ-90-460)
Advanced

Facts:

Case Digest (A.M. No. MTJ-90-460) Concise Detailed

Facts:

Issues:

Case Digest (A.M. No. MTJ-90-460) Advanced

Facts:

Case Digest (A.M. No. MTJ-90-460)
Concise Detailed

Case Digest (A.M. No. MTJ-90-460)
Advanced