Lledo v. Lledo

A.M. No. P-95-1167 · 1998-12-21 · J. CURIAM, J.: · Primary: Ethics; Secondary: Remedial
REITERATION

Facts

The Antecedents: Carmelita Lledo filed an administrative complaint for immorality, abandonment, and conduct unbecoming a public official against her husband, Atty. Cesar V. Lledo, the Branch Clerk of Court of the Regional Trial Court (RTC), Branch 94, Quezon City. The complainant alleged that the respondent abandoned his family in 1987 and established a second family with Katrina Narvaez, with whom he had three children. To support her claims, she presented a birth certificate of one of the children and a 1992 affidavit executed by the respondent in a separate criminal matter where he identified Katrina as his wife and their child as his own while they were residing together in a rented room. Procedural History: The complaint was filed on February 4, 1994. The Supreme Court (SC) initially referred the matter to Executive Judge Pedro T. Santiago for investigation, but his report was found non-responsive. The case was then referred to Executive Judge Estrella Trias-Estrada for reinvestigation. Judge Estrada found the charges to be true, noting that the respondent's own sworn statements served as an admission of his immoral status. The Office of the Court Administrator (OCA) concurred with the recommendation for dismissal. The Appeal: The respondent denied the material allegations, claiming he continued to provide financial support for his legitimate children's education. He argued that he left the conjugal home because his wife was a 'nagger' and failed in her duties. While he admitted his signature on the 1992 affidavit, he denied knowing Katrina or the children mentioned in the complaint. The matter proceeded to the Supreme Court for final adjudication of the administrative liability.

Issue(s)

Whether the respondent's abandonment of his family and cohabitation with a mistress constitute disgraceful and immoral conduct warranting dismissal from the judiciary.

Ruling

The Supreme Court finds the respondent GUILTY of disgraceful and immoral conduct. Atty. Cesar V. Lledo is DISMISSED from the service, with forfeiture of all retirement benefits and leave credits and with prejudice to reemployment in any branch or instrumentality of the government. The case is further REFERRED to the Integrated Bar of the Philippines (IBP) Board of Governors for appropriate action regarding his status as a member of the Bar.

Ratio Decidendi

On Issue 1: The Court ruled that the evidence, both oral and documentary, clearly established that the respondent abandoned his conjugal dwelling and cohabited with a mistress. The Court emphasized that the respondent's execution of a sworn statement identifying his mistress as his wife was a flagrant disregard for the institution of marriage and his legal obligations. Applying the standard set in Gacho v. Fuentes, the Court held that all court personnel must exhibit the highest sense of integrity in both official and private dealings. The Court rejected the respondent's defense regarding his wife's character, stating that such personal grievances do not excuse immoral conduct or the abandonment of family. Citing Sicat v. Alcantara, the Court reiterated that moral integrity is a necessity in the judiciary because the public's perception of justice is mirrored in the conduct of court employees. The respondent's actions were found to have tarnished the image of the judiciary, rendering him unfit to continue his service. Finally, the Court noted that such conduct also impacts his standing as a lawyer, justifying the referral to the Integrated Bar of the Philippines (IBP) under Rule 139-B.

Main Doctrine

The conduct and behavior of everyone connected with an office charged with the dispensation of justice must be circumscribed with a heavy burden of responsibility. The image of a court of justice is mirrored in the conduct, official or otherwise, of the men and women who work thereat. Consequently, any court employee who engages in disgraceful and immoral conduct, such as abandoning their legitimate family to cohabit with a mistress, forfeits the privilege to partake in the administration of justice. Moral integrity is not merely a virtue but a necessity in the judiciary, and the Court will not hesitate to impose the penalty of dismissal to preserve the institution's integrity.

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