Title
Gonzalbo-Macatangay vs. Civil Service Commission
Case
G.R. No. 239995
Decision Date
Jun 15, 2022
A DFA official, convicted of bigamy, was dismissed from service despite claims of mitigating circumstances, as the Supreme Court upheld the penalty for moral turpitude.
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Case Digest (G.R. No. 239995)

Facts:

  1. Position and Allegations

    • Petitioner Rosa C. Gonzalbo-Macatangay held the position of Secretary in the Passport Division of the Department of Foreign Affairs (DFA).
    • On September 5, 2002, Marites L. Calivara filed a complaint-affidavit before the Civil Service Commission (CSC), alleging that petitioner contracted a second marriage with Modesto Macatangay, Jr. on February 3, 1997, while Modesto was still married to Marites.
  2. Criminal Case for Bigamy

    • Marites filed a criminal case for Bigamy before the Regional Trial Court (RTC) of Lucena City.
    • Petitioner and Modesto pleaded guilty, resulting in their conviction for Bigamy. The RTC Decision became final and executory on October 8, 2002.
  3. Petitioner’s Defense

    • Petitioner claimed she had no knowledge of Modesto’s prior marriage when she married him.
    • She later learned of Modesto’s existing marriage in April 1996 but married him in February 1997 due to her pregnancy.
    • A civil case in 1999 declared her marriage to Modesto void.
    • In 2004, Modesto’s marriage to Marites was also declared null and void, after which petitioner and Modesto remarried in Tokyo, Japan.
  4. Administrative Charge

    • The CSC-NCR indicted petitioner for the administrative offense of Conviction of a Crime Involving Moral Turpitude (Bigamy).
    • Petitioner argued that the complaint violated the prohibition against multiplicity of suits and the doctrine of res judicata.
  5. CSC-NCR Ruling

    • On June 19, 2014, the CSC-NCR found petitioner guilty and imposed the penalty of dismissal from service, along with accessory penalties.
  6. Appeals

    • Petitioner appealed to the CSC Proper, which affirmed the CSC-NCR’s decision.
    • The Court of Appeals (CA) also affirmed the CSC’s ruling, holding that mitigating circumstances could not be applied to her case.

Issue:

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Ruling:

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Ratio:

  1. Bigamy as Moral Turpitude

    • Bigamy is a crime involving moral turpitude, and its commission reflects the offender’s character and moral fitness.
  2. Indivisible Penalty

    • The penalty of dismissal from service for Conviction of a Crime Involving Moral Turpitude is indivisible and cannot be mitigated by circumstances such as length of service or first offense.
  3. Public Servant’s Integrity

    • Public servants are expected to exhibit the highest sense of discipline and integrity, both in their official duties and personal conduct. Petitioner’s actions failed to meet this standard.
  4. Case-by-Case Basis

    • Mitigation of penalties is determined on a case-by-case basis, depending on the offense and factual circumstances. Petitioner’s case did not warrant mitigation.


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