Case Summary (A.M. No. P-06-2282)
Allegations by the Complainant
The petitioner claims that while still married, the respondent has engaged in an extramarital affair, cohabitating with Sabinay, and has neglected to provide financial support for her and their three children. The respondent, in his comment dated May 10, 2005, denies the allegations, attributing them to jealousy. He asserts that he maintains financial contributions to his wife and has merely established a friendship with Sabinay.
Investigation and Findings
Following the initial complaint, an investigative report was submitted by Judge Pepe P. Domael on February 28, 2006, which confirmed that they were lawfully married and had three children. The report detailed instances where the petitioner found the respondent living with Sabinay in various boarding houses, indicating a consistent relationship. Witness testimonies and affidavits corroborated the allegations, including an instance of Sabinay giving birth to a daughter on November 7, 2004.
Respondent's Denial and Defense
The respondent consistently denied the allegations, claiming ignorance of Sabinay's identity and asserting he had not fathered a child with her. His defense relied on bare denials and dismissed witness statements as retaliation against him. However, the evidence against him was substantial, including the testimony of his own son confirming knowledge of Sabinay.
Investigative Conclusions
Judge Domael noted that the respondent's defenses did not effectively counter the evidence of immorality presented by the petitioner and her witnesses. The absence of credible rebuttal led to the conclusion that the allegations, particularly regarding his cohabitation with Sabinay and the child, were indeed true.
Recommended Penalty
The investigating judge recommended a two-month suspension without pay for the respondent. However, upon review, the court found this recommendation insufficient given the gravity of the charges. The court emphasized that the conduct of
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Case Background
- The case involves an administrative complaint filed by Lolita S. Regir against her husband, Joel T. Regir, who works as a Process Server at the Regional Trial Court (RTC), Branch 37, Caibiran, Biliran.
- The complaint was lodged with the Office of the Court Administrator (OCA) on November 16, 2004, alleging immorality on the part of Joel.
- Lolita claims that Joel engaged in an illicit relationship with Vilma Sabinay, resulting in a child, and that he has ceased financial support for Lolita and their children.
Respondent's Defense
- In a Comment dated May 10, 2005, Joel Regir dismisses the accusations as unfounded jealousy from his wife.
- He asserts that he rents a house near his workplace in Naval, Biliran, and only returns to Calubian, Leyte on weekends.
- Joel denies having a child with Vilma Sabinay and claims she is merely a friend; he also alleges the affidavits supporting Lolita's complaint are retaliatory due to prior misunderstandings with his co-employees.
Investigation and Findings
- The administrative complaint was referred to Judge Pepe P. Domael for investigation, who submitted an Investigation Report on February 28, 2006.
- Key facts established during the investigation include:
- Lolita and Joel were married on August 28, 1995, and have three children.
- Joel was appointed as Process Server in 1998 and stayed in boarding houses