Case Summary (A.M. No. P-94-1054)
Allegations and Initial Proceedings
In his formal complaint, the petitioner accused Arquero of engaging in a scandalous relationship with his wife. Evidence included a baptismal certificate naming Arquero and Dedje as the child's parents. Upon receiving the complaint, the court required the respondent to respond. Arquero denied the allegations, asserting that the complaint stemmed from the petitioner’s jealousy. He submitted documents, including an affidavit of desistance from an earlier administrative complaint against his wife, and acknowledged paternity of another child born out of wedlock by a different woman. The court subsequently referred the issue to Executive Judge Filomeno A. Vergara for an investigation.
Investigative Findings and Recommendations
After Judge Vergara's retirement, the case was handed to Executive Judge Nelia Y. Fernandez, who initiated further investigation by verifying the authenticity of submitted documents and the surrounding circumstances. In her report released on February 12, 2001, she recommended dismissal of the complaint due to a lack of evidence, notably pointing out the absence of the complainant and Dedje Irader during the proceedings.
Office of the Court Administrator’s Memorandum
The Office of the Court Administrator (OCA) reviewed Fernandez’s recommendation and proposed that Arquero be found guilty of immorality, suggesting a one-year suspension without pay. The OCA argued that Arquero admitted to having a relationship with the complainant’s wife, which violated ethical standards expected from a public employee. The Office emphasized the importance of upholding morality and ethical conduct in the judiciary while analyzing the context of Arquero's actions alongside the lack of an enforceable marital separation agreement.
Court's Evaluation of Evidence
The court ultimately assessed that the baptismal certificate did not serve as conclusive evidence of paternity or illicit relations, noting that while the certificate recorded the baptism, it did not establish the truth of parentage claims. However, the court highlighted the respondent's admission of h
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Case Background
- Edwin A. Acebedo filed a letter-complaint on June 1, 1994, against Eddie P. Arquero, a Process Server at the Municipal Trial Court (MTC) of Brookeas Point, Palawan, alleging immorality.
- The complaint was based on allegations that Arquero cohabited unlawfully and scandalously with Acebedo's wife, Dedje Irader Acebedo, resulting in the birth of a child, Desiree May Irader Arquero, on May 21, 1989.
- Attached to the complaint were documents, including the child's baptismal certificate listing Arquero and Dedje Irader as parents, and the marriage contract of Edwin and Dedje dated July 10, 1979.
Respondent’s Defense
- Arquero denied the allegations of immorality, claiming the complaint was an act of harassment stemming from Acebedo's jealousy.
- He provided an affidavit of desistance from Acebedo regarding a previous complaint against Dedje and a sworn statement acknowledging paternity of another child, asserting these documents supported his defense against the complaint.
- Arquero claimed that Acebedo himself was cohabiting with another woman and had previously filed an adultery charge against him, which was dismissed.
Court Proceedings
- The case was referred for investigation to Executive Judge Filomeno A. Vergara, who retired before the inv