Case Summary (A.M. No. MTJ-95-1070)
Antecedent Facts
The case originated from a complaint filed on November 10, 1993, alleging that the respondent had abandoned his first wife, Maria Apiag, and their children after a marriage in 1947. Complainants claimed that Judge Cantero subsequently married Nieves C. Ygay without first obtaining a judicial declaration of nullity of his first marriage, thereby committing bigamy. An investigation into the matter was subsequently initiated, leading to recommendations from various judicial authorities regarding possible administrative penalties.
Investigations and Findings
Following the initial complaint, an inquiry was conducted by Executive Judge Gualberto P. Delgado, who recommended that the respondent be suspended for one year for gross misconduct. The Office of the Court Administrator concurred with this finding, emphasizing that the respondent's actions evidenced grave misconduct as they involved misrepresentation in public documents regarding his marital status and children.
Legal Issues Raised
Judge Cantero raised several defenses, asserting that his first marriage was void and that there was no need for a judicial declaration of nullity due to his belief that his first spouse had been absent for over seven years. He also claimed that the charges against him were barred by the statute of limitations, and alleged that the complainants, including his first wife, were engaging in dishonest behavior by filing the complaint only as he neared retirement.
Court's Ruling on Misconduct
The court determined that the alleged misconduct, which encompassed abandonment and failure to provide support as well as marrying a second time without dissolving the first marriage, did not directly pertain to his official duties as a judge. As such, these actions did not meet the legal definitions of misconduct due to their private nature, leading the court to conclude that they could not be grounds for administrative removal from service.
Nullity of Prior Marriage
The court further analyzed the assertion regarding the nullity of the first marriage. It recognized that while prior jurisprudence allowed for the argument that such marriages could be deemed void ab initio without judicial declaration, the prevailing jurisprudence required that a declaration of nullity was necessary to prevent a second marriage from also being considered void. Nonetheless, the court cited existing case law that supported the respondent's position given the circumstances of his marriage.
Assessment of Personal Conduct
Despite recognizing the legal complexities surrounding the case, the court also noted the considerable shortcomings in Judge Cantero's personal conduct. His failure to support his children from the first marriage and maintain proper communication with them constituted behavior unbecoming of a judicial figure, thus meritin
...continue readingCase Syllabus (A.M. No. MTJ-95-1070)
Introduction
- The case involves an administrative complaint against Judge Esmeraldo G. Cantero, charged with gross misconduct, specifically bigamy and falsification of public documents.
- The complaint arose from events dating back to a marriage in 1947 and subsequent abandonment of the complainants.
- Despite Judge Cantero's death on September 26, 1996, the Supreme Court proceeded to resolve the case due to implications for his retirement benefits.
Antecedent Facts
- The complaint was filed on November 10, 1993, by Maria Apiag and her children, Teresita and Glicerio, alleging Judge Cantero's bigamy and failure to provide support.
- The initial marriage occurred on August 11, 1947, which resulted in two children.
- The judge allegedly abandoned the family, which led to the complainants seeking support and recognition of their legal status as heirs.
- The complainants later discovered that Judge Cantero had married another woman, Nieves C. Ygay, and had children with her, indicating a second marriage without the annulment of the first.
Judge Cantero's Response
- In his defense, Judge Cantero claimed that the first marriage was not valid due to lack of consent and was merely a family arrangement to protect reputations.
- He stated that he had not seen or communicated with Maria Apiag for several decades and argued that such absence implied her presumed death.
Investigation and Findings
- The case was referred for investigation to Executive Judge Gualberto P. Delgado, who found Judge Cantero guilty of grave mis