Case Summary (A.M. No. P-11-2922)
Allegations of the Complaint
In her verified letter-complaint dated September 19, 2003, the complainant alleged that Mabute courted her and professed love, leading her to believe he would marry her. Consequently, she agreed to live with him, which resulted in pregnancy. However, during her pregnancy, Mabute allegedly tried to coerce her into undergoing an abortion and eventually abandoned her, leading to her depression and the loss of her child.
Respondent's Denial and Accusations
Mabute denied the allegations, describing them as fabricated and aimed at harassment. He claimed that Abanag was being manipulated by a co-worker, Norma Tordesillas, who had a vendetta against him following a reprimand. Mabute asserted that the complaint was not authored by Abanag but instead by Tordesillas, casting doubt on the authenticity of the allegations.
Investigation and Testimonies
The case was referred to Judge Carmelita T. Cuares for investigation, but after concerns about partiality, it was reassigned to Judge Esteban V. dela Peña and subsequently to Judge Agerico A. Avila. In their testimonies, both Mabute and Abanag acknowledged that they met through the Singles for Christ community and entered into a consensual relationship. Mabute refuted claims regarding any coercion for an abortion and attributed Abanag's miscarriage to her health issues, arguing that their relationship was voluntary and consensual.
Investigating Judge's Report and Recommendations
Judge Avila's report recommended the dismissal of the complaint against Mabute, highlighting that the personal affair between two consenting adults should not warrant administrative sanctions. The judge emphasized that there was no evidence to substantiate claims of forced abortion, and the relationship should not be construed as disgraceful under existing legal definitions.
Legal Definition of Immoral Conduct
The court articulated that immoral conduct implies willful, flagrant, or shameless behavior that disregards societal moral standards. For disciplinary action to be warranted, accusations must extend beyond simple immorality to gross immorality—acts that are criminal or egregiously unethical. Evaluating the case, the court found the relationship to be one between consenting adults without evidence of deceit or coercion.
Court's Conclusion
The court concluded that the relationship between Abanag and Mabute, despite its complications, did not equate to di
...continue readingCase Syllabus (A.M. No. P-11-2922)
Case Overview
- This administrative case involves Nicolas B. Mabute, a Court Stenographer I at the Municipal Circuit Trial Court (MCTC) in Paranas, Samar, who is facing allegations of disgraceful and immoral conduct filed by Mary Jane Abanag.
- The complaint was initiated through a verified letter on September 19, 2003, where the complainant claimed the respondent engaged in an inappropriate relationship with her, culminating in an alleged attempt to force her into an abortion.
Allegations by the Complainant
- Mary Jane Abanag, a 23-year-old unmarried woman, alleged that Mabute courted her and professed his love, leading her to believe he would marry her.
- Following their romantic involvement, she became pregnant, during which time Mabute allegedly took her to a "manghihilot" (a local healer) and tried to pressure her into abortion through the use of drugs.
- Abanag claimed that after refusing the abortion, Mabute abandoned her, resulting in significant emotional distress, the loss of her baby, and the cessation of her education due to humiliation.
Respondent's Denial
- Nicolas Mabute denied all allegations, asserting that the charges were fabricated to harass him and tarnish his reputation.
- He claimed that the complaint was influenced by Norma Tordesillas, a co-worker, who harbored resentment against him due to prior disciplinary remarks he made regarding her work conduct.
- Mabute contended that the letter of complaint was not authored by Abanag but rather by Tordesi