PERSONS I

A.Y. 1920– ATTY. LEGARDA

● The SC referred the complaint to the acting executive judge of the

TOPIC Binding Effect
CASE NO. A.M. No. P-11-2922
CASE NAME ABANAG v. MABUTE
PONENTE BRION, J.
COMPLAINANT Mary Jane Abanag
RESPONDENT Nicolas B. Mabute (court stenographer of
Municipal Circuit Trial Court of Paranas, Samar)
TYPE OF CASE Administrative Complaint
MEMBER Miggy Vergeire
DOCTRINE/LESSON OF THE CASE
● Immoral conduct was defined as: “conduct that is willful, flagrant or
shameless, and that shows a moral indifference to the opinion of the
good and respectable members of the community.”
● To justify suspension or disbarment, the act complained of must not
only be immoral, but grossly immoral.
● A grossly immoral act is one that is so corrupt and false as to
constitute a criminal act or an act so unprincipled or disgraceful as to
be reprehensible to a high degree
FACTS
● The complainant alleged that respondent courted her and professed
his undying love for her. She agreed to live with him due to his
promise to marry her. Complainant became pregnant but the
respondent forced her to abort the baby. When complainant did not
agree, respondent abandoned her. She lost her baby and stopped going
to school because of the humiliation.
● The respondent denied the allegations and claimed that the charges
were baseless, false and fabricated. He also averred that Norma
Tordesillas, complainant’s co-employee, was using the complaint to
harass him. Tordesillas hated him because the respondent chastised
her for her arrogant behavior in work.
● Respondent believes that the complainant’s letter was prepared by
Tordesilllas who is from Manila and fluent in Tagalog
● Complainant insisted that she wrote the letter herself in her reply.
RTC for investigation, report, and recommendation.
● The respondent sought the inhibition of Judge Cuares from the case,
alleging that the judge was partial and had bias in favor of the
complainant.
● The SC designated Judge dela Pena to continue with the investigation.
Judge Avila took over when he was designated the Executive Judge
of the RTC of Catbalogan City, Samar.
● In Judge Avila’s report, the complainant testified that she met the
respondent while she was a member of the Singles for Christ, they
dated until the lived together in a rented room.
● The respondent confirmed that he had met her in the Singles for Christ
and that they were dating. He admitted that the complainant would
stay in his room for 3-4 times a week. He however denied that he
forced the complainant to abort the baby. The respondent claimed that
the miscarriage was due to the complainant’s epileptic attacks, and
that the complainant’s mother did not approve of him and she forced
the complainant to return home, hence their separation since.
● Judge Avila recommended the dismissal of the case, reporting that the
relationship between a court employee and an equally unmarried
woman has nothing to do with the former’s public employment, the
complainant freely cohabitated with him.
● The judge stated that there was no law which penalizes or prescribes
the sexual activity of two unmarried persons. Although the accusation
of the complainant that the act of the respondent to initiate the
abortion was within the ambit of an immoral, disgraceful and gross
misconduct, there was not enough evidence to support it.
-
ISSUES
W/N the respondent’s acts were considered as disgraceful or grossly
immoral conduct?
RATIO DECIDENDI
Were the complained acts considered disgraceful or grossly immoral
conduct? NO.
The SC held that sexual relations between the complainant and the
respondent were consensual, and that these relations were not enough

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 PERSONS I
A.Y. 1920– ATTY. LEGARDA

to warrant administrative sanction for illicit behavior. The SC

repeatedly held that voluntary intimacy between a man and a woman
who are not married, where both are not under an impediment to
marry and where no deceit exists, is neither a criminal nor an
unprincipled act that would warrant disbarment or disciplinary action.

While the SC has the power to regulate official conduct and, to a

certain extent, private conduct, it is not within their authority to decide
on matters touching on employee’s personal lives, especially those
that will affect their and their family’s future.

DISPOSITIVE POSITION
WHEREFORE, the Court resolves to DISMISS the present administrative
complaint against Nicolas B. Mabute, Stenographer 1 of the MCTC, Paranas,
Samar, for lack of merit. No costs.

RELEVANT LAWS
- Art 19 of the NCC: “Every person must, in the exercise of his
rights and in performance of his duties, act with justice, give
everyone his due, and observe honesty and good faith.”