Title
Gabriel vs. Ramos
Case
A.M. No. P-06-2256
Decision Date
Apr 10, 2013
Sheriff Ramos suspended for 12 months for immorality (common-law relationship while married) and misconduct (indiscriminate gunfire), despite dismissed criminal charges.

Case Summary (A.M. No. SB-14-21-J)

Allegations Against Ramos

Gabriel asserted that Ramos, while having a long-term illicit relationship with Jenelita and two children together, committed acts that were offensive to public morality by destroying property and indiscriminately firing a gun in a residential area. He contended that Ramos's actions constituted a violation of Section 1, Article XI of the 1987 Philippine Constitution, which emphasizes the accountability of public officers.

Ramos's Defense

In response, Ramos claimed that he was also residing in the same house and was merely removing their belongings in preparation for a move. He denied the charges related to the Violation of Domicile and maintained that his relationship with Jenelita, lasting 15 years, did not comprise immoral conduct, especially given the couple’s separation status. He characterized the complaint as harassment originating from ongoing criminal actions he filed against Gabriel.

Investigating Judge's Report

The investigating judge, Edwin A. Villasor, recommended that Ramos update his personnel file and be admonished to conduct himself with propriety. Following this, the Office of the Court Administrator (OCA) was tasked with further evaluating the findings and it resulted in Ramos needing to submit various documents confirming his relationship status and parenting responsibilities.

OCA Findings

In a memorandum dated November 5, 2012, the OCA found Ramos liable for immorality, citing his admission of living with Jenelita while still married to Berlita A. Montehermoso. Although certain mitigating factors were considered, such as the length of the relationship and community tolerance, the OCA concluded that Ramos’s circumstances did not absolve him of his professional obligations.

Court's Ruling on Immorality

The Court affirmed the OCA's conclusion that Ramos engaged in disgraceful and immoral conduct, using his own justifications for his relationship to illustrate a moral indifference that is expected to be absent in public servants. The Court referenced established definitions of immorality and emphasized that the passage of time does not legitimize an illicit relationship.

Findings on Conduct Unbecoming

The Court found substantial evidence supporting the claim that Ramos indiscriminately discharged a firearm, which is conduct unbecoming of a court employee. This event was corroborated by testimony from witnesses stating that they heard gunshots after attempting to pacify Ramos, leading to his arrest.

Distinction Between Criminal and Administrative Actions

Although the criminal case for Alarms and Scandals was dismissed, the Court clarified that such a dismissal does not affect the administrative complaint derived from the same incident. The standards for proving administrative responsibility are lower than those in criminal case

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