THIRD DIVISION
A.M. CA-15-32-P (formerly OCA IPI No. 14-219-CA-P), July 29, 2015
COMMITTEE ON ETHICS & SPECIAL CONCERNS, COURT OF APPEALS, MANILA, Complainant, v. MARCELO B. NAIG, UTILITY WORKER II, MAINTENANCE AND UTILITY SECTION, COURT OF APPEALS, MANILA, Respondent.
R E S O L U T I O N
VILLARAMA, JR., J.:
Before us is the March 3, 2015 Evaluation and Recommendation1 of the Office of the Court Administrator (OCA) affirming the January 9, 2014 Report and Recommendation2 of complainant Committee on Ethics and Special Concerns, Court of Appeals (CA), Manila finding respondent Marcelo B. Naig liable for disgraceful and immoral conduct under Section 46 B.3,3 Rule 10 of the Revised Rules on Administrative Cases in the Civil Service (RRACCS).
The case stemmed from a letter4 dated June 25, 2013 of Associate Justice Eduardo B. Peralta, Jr. and Atty. Caroline G. Ocampo Peralta endorsing the Salaysay5 of respondent Marcelo B. Naig. The letter was referred to Assistant Clerk of Court Atty. Virginia O. Abella for investigation and report.6redarclaw
In his Salaysay, respondent narrated that he is a 48-year-old man working as Utility Worker II for the Maintenance and Utility Section of the CA. He states that he did part-time work for Justice Peralta and Atty. Peralta’s household on weekends. It was during his time there that he met their house help, Emma7 Sabado. Five years later, they met again and confessed their love for one another. Due to their expression of love around March 2013, it bore fruit. He said that Emma was aware that he was a married man with four children. They agreed that he would give to Emma P2,000.00 per month as support and pledged that he would do everything that he could to support their child. He asked for understanding and forgiveness for his transgression in loving Emma that he forgot that this was a sin against God and man.
Upon receipt of the June 25, 2013 letter and Salaysay, the CA Assistant Clerk of Court directed respondent to submit his comment.8redarclaw
In his July 25, 2013 Salaysay,9 respondent stated that he and Emma met at the Cubao Bus terminal when she arrived from her province. They discussed that he would give the P2,000.00 support for their child.
In its August 30, 2013 Report and Recommendation,10 the Assistant Clerk of Court noted that respondent admitted in his Salaysay that he was having an illicit relationship with Emma, a woman who was not his wife, and begot a child. This according to jurisprudence constituted disgraceful and immoral conduct making him liable under Section 46 B.3, Rule 10 of the RRACCS. Thus it was recommended that:LawlibraryofCRAlaw
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IN VIEW OF ALL THE FOREGOING CONSIDERATIONS, [i]t is most respectfully submitted that there is substantial evidence establishing probable cause and to warrant the filing of a Formal Charge for Disgraceful and Immoral Conduct against Mr. Marcelo B. Naig under Section 46 B.3., Rule 10 of the [RRACCS].11
IN THE LIGHT OF ALL THE FOREGOING CONSIDERATIONS, this Office most respectfully submits that respondent Marcelo B. Naig is GUILTY of Disgraceful and Immoral Conduct under Section 46 B.3., Rule 10 of the [RRACCS], and that being a first offense, a penalty of One (1) year suspension without pay be imposed.21
RECOMMENDATION: It is respectfully recommended for the consideration of the Honorable Court that:LawlibraryofCRAlaw
1) the instant administrative complaint be RE-DOCKETED as a regular administrative matter against Marcelo B. Naig, Utility Worker II, Maintenance and Utility Section, Court of Appeals, Manila for disgraceful and immoral conduct;
2) respondent Marcelo B. Naig be FINED in the amount of Php10,000.00, and ORDERED to discontinue his extramarital relationship with Emma Sabado until he has legally terminated his marriage with his estranged wife.27
x x x this Court has firmly laid down exacting standards [of] morality and decency expected of those in the service of the judiciary. Their conduct, not to mention behavior, is circumscribed with the heavy burden of responsibility, characterized by, among other things, propriety and decorum so as to earn and keep the public’s respect and confidence in the judicial service. It must be free from any whiff of impropriety, not only with respect to their duties in the judicial branch but also to their behaviour outside the court as private individuals. There is no dichotomy of morality; court employees are also judged by their private morals.28
Section 1. Definition of Disgraceful and Immoral conduct – Disgraceful and Immoral Conduct refers to an act which violates the basic norm or decency, morality and decorum abhorred and condemned by the society. It refers to conduct which is willful, flagrant or shameless, and which shows a moral indifference to the opinions of the good and respectable members of the community.
Endnotes:
* Designated Acting Member in lieu of Associate Justice Bienvenido L. Reyes, per Special Order No. 2084 dated June 29, 2015.
1Rollo, pp. 55-57.
2 Id. at 2-7. Submitted by Assistant Clerk of Court Virginia C. Abella and noted by Clerk of Court Teresita R. Marigomen. The Report and Recommendation was recommended for approval by the Committee on Ethics and Special Concerns Chairperson Associate Justice Mariflor Punzalan Castillo and Members Associate Justices Francisco P. Acosta, Jane Aurora C. Lantion, Franchito N. Diamante and Manuel Barrios. The Report and Recommendation was approved by Presiding Justice Andres B. Reyes, Jr.
3 REVISED RULES ON ADMINISTRATIVE CASES IN THE CIVIL SERVICE, Rule 10, Section 46 B.3 provides:LawlibraryofCRAlaw
Section 46. Classification of Offenses. – Administrative offenses with corresponding penalties are classified into grave, less grave or light, depending on their gravity or depravity and effects on the government service.
x x x x
B. The following grave offenses shall be punishable by suspension of six (6) months and one (1) day to one (1) year for the first offense and dismissal from the service for the second offense:LawlibraryofCRAlaw
x x x x
3. Disgraceful and immoral conduct;
x x x x
4 Docketed as Administrative Case No. 07-2013-ABR. Rollo, p. 11.
5 Dated June 11, 2013. Id. at 10.
6 Id. at 13.
7 Also referred to as Emaline, Emalene and Ema in other parts of the rollo.
8 Memorandum dated July 18, 2013. Rollo, p. 16.
9 Id. at 17.
10 Id. at 19-22.
11 Id. at 21.
12 Id. at 24.
13 Id. at 26-27.
14 Id. at 28.
15 Id. at 29-31.
16 Id. at 33.
17 Id. at 34.
18 Id.
19 Id. at 38.
20 Letter was signed by Emma Sabado. Id. at 39.
21 Id. at 6.
22 Id. at 1.
23 Id. at 45.
24 Id. at 46.
25 Id. at 47.
26 Id. at 48-51.
27 Id. at 57.
28Acebedo v. Arquero, 447 Phil. 76, 85 (2003).
29 See A.M. No. 03-05-01-SC and A.M. No. 03-06-13-SC.
30 AMENDING CERTAIN PROVISIONS OF THE RULES ON THE ADMINISTRATIVE OFFENSE OF DISGRACEFUL AND IMMORAL CONDUCT.
31 Memorandum Circular No. 15, Section 4 provides:LawlibraryofCRAlaw
Section 4. Manner of Commission of the Offense – The acts consisting of the administrative offense of Disgraceful and Immoral conduct may be committed in a scandalous or discreet manner, within or out of the workplace.
32 Memorandum Circular No. 15, Section 2 provides:LawlibraryofCRAlaw
Section 2. Complaint for Disgraceful and Immoral Conduct; Who may Initiate/File: – A complaint for Disgraceful and Immoral Conduct may be initiated by the disciplining authority or filed by any person against the parties involved, whether married or unmarried.
33 Supra note 3.
34 558 Phil. 24 (2007).
35 677 Phil. 552 (2011).
36 Ms. Espeleta was instead fined P50,000.00 for her infraction. Id. at 560.
37Lledo v. Lledo, 360 Phil. 500, 502 (1998).