Reyes-Tayag v. Tayag
REITERATIONFacts
The Antecedents: Complainant Anna Liza Reyes-Tayag filed an Affidavit-Complaint against her husband, Abelardo Tayag (Clerk III, Court of Appeals), and Nerisa V. Nacion (Records Officer I, Court of Appeals), for immorality. Complainant alleged that Tayag and Nacion were having an illicit relationship, begot a child named Alexis Francesca V. Nacion, and that their affair was public knowledge. Complainant also alleged that Tayag suggested she engage in oral sex with him alternately with Nacion. Procedural History: Nacion filed a comment denying the allegations, claiming Tayag was merely a friend and confidant. She also pointed out procedural lapses and that the complainant had filed a similar complaint with the Court of Appeals (CA) which was later withdrawn. Tayag failed to file a comment and was dropped from the rolls of the CA due to absences without leave. The CA, in Adm. Case No. 1-M-2000, found Nacion guilty of immorality and initially imposed a three-month suspension, later reduced to a P10,000.00 fine. The complainant filed the present case with the Office of the Court Administrator (OCA). The OCA recommended re-docketing and investigation. A new allegation arose regarding a second child born to Nacion, allegedly fathered by Tayag. The case was referred to CA Justice Ramon M. Bato, Jr. for investigation. Justice Bato found that the complainant failed to appear at hearings and present evidence to support the allegations, particularly the paternity of the second child. He noted that Nacion's 201 File indicated two daughters, Alexis Francesca V. Nacion (born Feb 20, 1999) and Aldrin Mae V. Nacion (born May 13, 2001), but the paternity of the second child was not proven. The Petition: The complainant sought the dismissal of Nacion from government service for immorality and gross misconduct. The case against Tayag was considered moot and academic due to his dismissal from the CA.
Issue(s)
Whether the administrative complaint against Nerisa V. Nacion for immoral conduct should be dismissed for lack of evidence. Whether the administrative complaint against Abelardo Tayag should be dismissed for lack of jurisdiction.
Ruling
The Supreme Court dismissed the administrative complaint against Nerisa V. Nacion for lack of evidence and the case against Abelardo Tayag for lack of jurisdiction. The Court held that the complainant failed to substantiate the allegations of continued marital infidelity and the paternity of the second child through competent and reliable evidence.
Ratio Decidendi
On the dismissal of the complaint against Nerisa V. Nacion: The Court found the recommendation of Justice Bato for dismissal to be well-founded because the complainant failed to appear at the hearings and adduce evidence to support her allegations of continued illicit conduct and the paternity of the second child. The Court emphasized that in administrative cases, especially for grave offenses like disgraceful and immoral conduct, competent and reliable evidence must be adduced. Reliance on mere allegations, conjectures, and suppositions is insufficient to sustain an administrative complaint, as stated in Mikrostar Industrial Corporation v. Mabalot. Therefore, the complainant's case had "no leg to stand on" and must be dismissed for lack of evidence. On the dismissal of the case against Abelardo Tayag: The Court noted that Abelardo Tayag had been dropped from the rolls of the Court of Appeals due to absences without approved leave. Consequently, the administrative complaint against him became moot and academic, and the Court lacked jurisdiction over his case.
Main Doctrine
A civil service employee cannot be disciplined for disgraceful and immoral conduct without competent and reliable evidence adduced and found sufficient to prove the elements of the offense. Reliance on mere allegations, conjectures, and suppositions is insufficient.