Title
Sanchez vs. Fabillaran
Case
Adm. Matter No. P-1175
Decision Date
Oct 30, 1979
A deputy sheriff was dismissed for immorality after allegedly raping his disabled cousin, signing as the father of her child, and presenting false evidence.

Case Summary (Adm. Matter No. P-1175)

Allegations and Initial Complaints

On January 30, 1976, Sanchez formally filed a verified letter-complaint against Fabillaran, accusing him of having sexual intercourse with her through force, threat, and intimidation in April 1975. The complaint indicates Sanchez was physically disabled due to polio, which impeded her ability to resist the alleged assault. Following the incident, Fabillaran purportedly threatened her against revealing the act, instilling fear and leading her to silence for a period. The situation escalated when Sanchez finally gave birth to a girl, prompting her to file the official complaint against Fabillaran.

Respondent's Denial and Counterclaims

In response, Fabillaran vehemently denied the accusations, claiming that Sanchez crafted the charges as part of a scheme to compel his father regarding certain properties. He asserted that the family dispute had already been resolved and included a sworn letter purportedly from Sanchez withdrawing the complaint. However, Sanchez later clarified through a letter dated July 19, 1976, that she had not executed any such letter of desistance and expressed surprise at its existence.

Investigation and Key Evidence

The investigation, ordered by the court, confirmed the familial relationship between the parties and established that Sanchez had filed a separate rape complaint against Fabillaran, from which he was acquitted. Nevertheless, crucial evidence presented stemmed from the birth certificate of the child, Jaquelin Sanchez Fabillaran, where Fabillaran signed as the father. Despite his denials, the investigation concluded that the weight of the evidence pointed toward his paternity.

Conclusion Regarding Immorality and Misconduct

The court determined that while the act in question may not meet the legal definition of rape, the circumstances surrounding it constituted highly immoral conduct suitable for administrative dismissal. Given Sanchez's physical incapacitation and the relationship between the complainant and the respondent, the act was deemed particularly

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