Nalupta Jr. v. Tapec
REITERATIONFacts
The Antecedents: Complainant Mariano R. Nalupta Jr. accused respondent Honesto G. Tapec, a Deputy Sheriff, of immorality for cohabiting with Consolacion Inocencio, with whom he allegedly had two children, and for discharging the duties of Barangay Captain while holding his sheriff position. The complainant presented birth certificates showing respondent as the father of two children born to Inocencio, asserting that respondent was married to Felicitas Langaman and their marriage was subsisting. The complainant also alleged that respondent's cohabitation with Inocencio was open and scandalous. Respondent denied the charges, claiming they were fabricated and that the children were fathered by his son, Honesto Tapec Jr. He also claimed to be a barangay consultant, not an OIC-Barangay Captain. Procedural History: The case was referred to the Office of the Court Administrator, then to the Supreme Court, and subsequently to various Executive Judges for investigation due to inhibitions. The investigation faced several postponements and non-appearances by the respondent. Eventually, the case was submitted for decision after the complainant's counsel informed the court that the complainant had suffered a stroke and the respondent had allegedly gone abroad. The Branch Clerk of Court verified the authenticity of the birth certificates and the respondent's status. Executive Judge Agnir submitted a report finding the respondent guilty of immorality. The Petition: The complainant sought disciplinary action against the respondent for alleged immorality and holding another public office simultaneously.
Issue(s)
Whether the respondent's cohabitation with Consolacion Inocencio and the birth of two children constitute disgraceful and immoral conduct. Whether the respondent's alleged discharge of duties as Barangay Captain while serving as Deputy Sheriff is a violation of law. What is the appropriate penalty for the offense of disgraceful and immoral conduct.
Ruling
The Court found respondent Honesto G. Tapec GUILTY of the charge of immorality and suspended him for six (6) months and one (1) day without pay. The Court reserved the right to take appropriate measures regarding his absence without official leave.
Ratio Decidendi
On the issue of disgraceful and immoral conduct: The Court held that the respondent's illicit relations with Consolacion Inocencio, with whom he cohabited and had two children, constituted disgraceful and immoral conduct within the purview of Section 36(b)(5) of Presidential Decree No. 807. The evidence, particularly the birth certificates showing respondent as the father and the testimony of a neighbor, sufficiently established the illicit union and its consequences. The Court found respondent's defense that the children were fathered by his son to be a patent falsity, noting discrepancies in middle names, ages, and occupations listed in the birth certificates that pointed directly to the respondent. The Court emphasized that such conduct is considered a grave offense under Civil Service Commission Memorandum Circular No. 30, Series of 1989. On the issue of holding another public office: While the complainant alleged that the respondent was discharging the duties of Barangay Captain, the Court noted that the recommendation for dismissal on this ground from his immediate superior had yet to be received. The Court explicitly reserved the right to impose the appropriate penalty for this offense at the proper time, indicating that it would be addressed separately from the immorality charge. On the appropriate penalty: The Court determined that the charge of immorality constituted the first offense of its nature against the respondent. Citing Memorandum Circular No. 30, Series of 1989, which categorizes disgraceful and immoral conduct as a grave offense, the Court imposed the penalty of suspension for six (6) months and one (1) day without pay, as prescribed for a first offense. The Court reiterated its reservation to impose further penalties for the offense of absence without official leave, which was also noted during the investigation.
Main Doctrine
The act of having illicit relations with a paramour, resulting in cohabitation and the birth of children, constitutes disgraceful and immoral conduct, a grave offense under Presidential Decree No. 807, punishable by suspension for the first offense and dismissal for the second offense.