Title
Flores-Tumbaga vs. Tumbaga
Case
A.M. No. P-06-2196
Decision Date
Oct 22, 2012
A court employee was found guilty of disgraceful and immoral conduct for abandoning his wife and maintaining an extramarital affair, resulting in a six-month suspension. The investigating judge was admonished for procedural delays.

Case Summary (G.R. No. 174730-37)

Allegations and Evidence by Complainant

Marites claims that in December 2002, Joselito admitted to having an extramarital affair, which he promised to terminate. Contrary to this promise, he continued the affair and abandoned Marites in August 2003. She alleges that Joselito was seen publicly with another woman as if they were spouses. The complainant supported her case with an affidavit from Perfecto B. Cabansag, a wedding sponsor, who testified to Joselito’s admission of infidelity and subsequent abandonment. The complainant also provided a transcript of her testimony in a separate legal proceeding, further corroborating her claims of Joselito’s confessions and behavior post-separation.

Respondent’s Defense and Counterarguments

In response to the allegations, Joselito categorically denied having an extramarital affair or admitting to such behavior. He acknowledged the dysfunctionality of their marriage but attributed the abandonment to unresolved conflicts rather than infidelity. He submitted affidavits from individuals attesting to the lack of truth in the complainant's claims, thus contesting the validity of her accusations.

Procedural Background and Investigative Actions

The Office of the Court Administrator directed Joselito to respond to the complaint, leading to a referral for investigation due to the discrepancies in testimonies. The case was assigned to Executive Judge Francis A. Buliyat, who subsequently delegated the investigation to Vice-Executive Judge Marybelle L. Demot-MariAas to ensure impartiality due to an ongoing annulment case involving the parties. There were multiple delays in submitting the required investigation report, prompting further inquiries from the Court.

Investigative Findings

Judge Demot-MariAas eventually submitted a report, concluding that there was substantial evidence supporting Marites’s claims. The judge emphasized that the credible testimonies from the complainant and her witnesses outweighed the respondent’s mere denials. The evidence, including Joselito’s prior admissions, established a reasonable belief that he engaged in immoral conduct.

Legal Standards and Conclusions

Under the relevant administrative laws, Joselito’s actions were classified as disgraceful and immoral conduct, a serious offense warranting disciplinary action. The established standard required only substantial evidence, defined as adequate evidence that a reasonable mind might accept to support the conclusion of guilt.

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