Title
De Dios vs. Alejo
Case
A.M. No. P-137
Decision Date
Dec 15, 1975
Government employees admitted living as common-law spouses; dismissed, then reinstated after separation, mitigating long unblemished service.

Case Summary (A.M. No. P-137)

Background of the Case

This case arose when Marcial de Dios filed a complaint asserting that Alejo, a single woman, lived with Marfil, a married man with children. The complaint highlighted that Alejo had given birth to a child with Marfil and suggested that Marfil had effectively abandoned his family for this relationship. Initially, the Secretary of Justice conducted an investigation which culminated in the decision dated February 14, 1973, declaring both Alejo and Marfil resigned from service due to moral misconduct.

Proceedings and Respondents' Defense

Marfil and Alejo filed a joint answer admitting to the relationship but contended that Alejo should not be condemned but instead recognized for her nurturing role toward Marfil's children with his lawful wife, whom he claimed had abandoned them. They referenced the hardships they faced due to the marital abandonment and expressed remorse while seeking reconsideration of the Secretary's decision. Their motions highlighted ongoing challenges in their familial situation and the context of their actions, suggesting an innocent pursuit of familial companionship rather than malicious intent.

Legal and Moral Implications Considered

In evaluating the case, the resolution emphasized the need to balance public service morality against the specifics of individual circumstances. The Court noted that both Alejo and Marfil had rendered long periods of service without prior misconduct and had evidently contributed positively to the upbringing of Marfil's daughters. This prompted the Court to consider whether the extreme penalty of resignation was appropriate given the context, especially since the complaint had originated from an anonymous source and was lodged years after the relationship began without apparent community scandal.

Court's Ruling and Resolution

The Court determined that while respondents had technically violated civil service standards, a more compassionate approach was warranted. It was decided that both Alejo and Marfil should receive penalties that recognized their long service and recent reforms in behavior—specifically, a fine equivalent to all salaries forfeited since the start of their administrative leave but allowing for their reinstatement. Alejo was

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