560 Phil. 454
CHICO-NAZARIO, J.:
I, Edgar Noel C. Licardo, of legal age, Filipino, born-again Christian, married to Juliet Almonte Licardo, and a residence (sic) of 471 Sta Elena Street, Biliran, Biliran Province, Philippines. I am a registered OFW with OWWA POEA No. 91-005027-W issued on 03 September 1991 and OWWA ID No. 04-3677039 issued on 14 January 2005 with a Philippine Passport No. NN0089441 issued on 05 August 2004 at Philippine Embassy, Riyadh, KSA (machine copy is hereto attached), after having been duly sworn to in accordance with law, do hereby depose and say THAT;In her Comment dated 26 July 2005, respondent vehemently denied her husband's accusation. She admitted, however, that she and her husband are separated in fact because they always fought about money matters which oftentimes resulted in physical confrontation. According to respondent, complainant was sending Eight Thousand Pesos (P8,000.00) every month for support but after her appointment as utility worker at the MCTC, Cabucgayan-Biliran, complainant reduced the amount to Three Thousand Pesos (P3,000.00) monthly.
- My wife and I are legally married and our marriage were (sic) duly solemnized on October 01, 1989 at Palo Cathedral, Palo Leyte, Philippines;
- I am presently working in Riyadh, Kingdom of Saudi Arabia since 1991 to date. I had arrived here in Riyadh last February 17, 2005 from vacation in the Philippines;
- I have two (2) minor children who are presently studying as secondary students in Naval, Biliran Province, namely, Cherry Laine A. Licardo and Mark Jhones A. Licardo;
- I am appealing to your good office to consider my complaint regarding the dishonesty and immoral acts of my wife, Juliet Almonte Licardo your employee in 2nd MCTC, Biliran-Cabucgayan, Biliran Branch, Biliran Province since October 24, 2003 as a regular Utility employee;
- After my Twenty-eight (28) months of continuous work in Riyadh, I went for vacation on November 19, 2004 and met my family in Biliran, Biliran Province. After a month, many of my closest friends and relatives informed me that before returning back to Riyadh, I should investigate first the illicit acts of my wife to see and unfold her adulterous activities during those months I was away. They also told me to be vigilant while I am still in our area as I am deceived and betrayed by my wife with respect to her illicit relationships with another men (sic);
- Through my effort, I found out that she was harboring a secret having an illicit relationships with some men for years when I was in abroad, going and committing adulterous acts in cities and town away from our place. To make things clear, my children and I had seen with our two eyes that she is now living with one of her lover boys, Mr. Winnie Caparro (a very married man) in Agpangi, Naval, Biliran Province starting January 2005. And even until now, they are living together in the said place as common law husband and wife even though I am very much alive and very much married to Juliet Almonte Licardo as our marriage has not been declared null and void or annulled by the Court;
- My neighbors were also complaining about her erratic behavior and even to their illicit relationships as their presence were seen in my very (sic) own residence during school days while my children is away in school in Naval, Biliran as my kids are living with my parent-in-laws. My children used to go home to my residence during weekends only so my wife was left alone in the house, and she has all the opportunities to do so without the knowledge of my children;
- I only have limited time left to stay in Philippines so, I was not able to file adultery case against her as (sic) I wanted to do so. Since I do not have other source of income, I have to leave our Country again to support my minor children who are now living under my care & custody. My children is (sic) now living in our residence in Biliran, Biliran and they are commuting daily to their school in Naval, Biliran, while their mother as of now is happily living with her common law husband in Agpangi, Naval, Biliran;
- Lastly, in case I will be examined as to my character and failthfulness to my wife, please refer to my colleague Pastor Romy Pagba (a retired OFW) and now residing in Catmon, Naval, Biliran Province to whom I was known for my entire fourteen (14) years in the kingdom. I believe that our administration of justice should not be tainted with disgraceful and immoral act that would tarnishes (sic) the image of this Court. Our town in general, demanded that those who manned the administration of justice should be clothed with honesty, modesty, sincerity, and with good moral standing in the community. In view of the above-stated facts and in despite (sic) of my absence, I am respectfully requesting your good office to conduct an administrative investigation with respect to the illicit affairs of my wife Juliet Almonte Licardo & [her] common law husband who are now living together in one roof and in plain view of the general public to the prejudice of the administration of justice and thereafter imposed the necessary sanctions as our law provides, so I may be given a fair result being an Overseas Filipino Worker.
WHEREFORE, IN VIEW OF THE FOREGOING, this Office respectfully recommends to the Honorable Court that:On 30 August 2006, we required[4] the parties herein to manifest within 10 days from notice if they were willing to submit the matter for resolution based on the pleadings filed.
- The matter be FORMALLY DOCKETED as an administrative complaint against Juliet Almonte Licardo, Utility Worker, MCTC, Biliran-Cabucgayan, Biliran; and
- Juliet Almonte Licardo be SUSPENDED for six (6) months and one (1) day with a WARNING that repetition of the same or similar act in the future shall be dealt with more severely.
Q. | Do you have any knowledge or information that Juliet Almonte Licardo being married to a man named Edgar Noel Licardo, was formerly living in Biliran, Biliran? |
A. | Yes sir. |
Q. | When did you see or find out that Juliet Almonte Licardo living (sic) in Agpangi, Naval, Biliran? |
A. | Almost three (3) months now because when I went to Agpangi, Naval, Biliran together with Nancy Batiquin to deal with the land of Emiliana Tonelete regarding the transaction of her land to the owner of Marvin's James Place and that time I say that was the time I saw Jingjing (Juliet Almonte Licardo) in the house occupied by Winnie Caparro. |
Q. | How many times you saw her? |
A. | I saw her many times and one time I saw them going to the seashore or the beach of Agpangi.[7] |
Q. | As Barangay Captain of Brgy. Agpangi, Naval, Biliran, would you say that you know the residents of your barangay? |
A. | Yes sir. |
Q. | Do you know a person by the name of Winnie Caparro? |
A. | Yes I know. |
Q. | Is he a married man? |
A. | Yes sir. |
Q. | Who is his wife? |
A. | A certain Michelle. |
Q. | Are they living together in your barangay this Winnie Caparro and his wife Michelle? |
A. | Previously they were living together in our barangay, but presently Michelle is no longer living in our barangay, as I know she is in Manila. |
Q. | At present who is living together with Winnie Caparro? |
A. | Because his wife is in Manila, Winnie Caparro is living with a woman named Juliet Almonte. |
Q. | Do you know personally Juliet Almonte? |
A. | I do not know her. |
Q. | Why did you know that she is Juliet Almonte? |
A. | I came to know Juliet Almonte when sometime she went to my residence together with her sister Lotlot to borrow money. |
Q. | So then, that was the first time you know Juliet Almonte? |
A. | Yes sir. |
Q. | When was that when she went to your residence? |
A. | Probably it was last year. |
Q. | The next time you saw her when was that? |
A. | The next time I saw her when she was with Winnie Caparro coming from Masagongsong Pool together with some of the relatives of Winnie Caparro, I was then even surprised why Juliet Almonte went together with Winnie Caparro. |
Q. | When was that when you saw him for the 2nd time? |
A. | Probably that was December of 2004. |
Q. | Since from that time until now do you still see this Juliet Almonte living in your barangay, living in the house of Winnie Capparo? |
A. | Yes everyday. |
Q. | What more can you say about this Juliet Almonte now living together with Winnie Caparro? |
A. | I saw her every morning riding a motorcycle with Winnie Caparro driving and Juliet Almonte at the back seat. |
Q. | Where are they suppose to go? |
A. | Although I am not sure where they were going, but probably because I know Juliet Almonte is working in Biliran they maybe (sic) perhaps go there. |
Q | Is Juliet Almonte employed in any government agency? |
A. | I do not know. |
Q. | But could you say that Juliet Almonte is also married? |
A. | Yes I know, because when for the first time they went to my residence Lotlot told me that her sister Juliet Almonte is also married. |
Q. | You know the name of her husband? |
A. | I do not know. |
Q. | At present would you still say that Juliet Almonte is living in your barangay together with Winnie Caparro? |
A. | Yes sir. |
Q. | While you do not know the name of her husband but at least you can say that her husband is working abroad from where did you get this information that her husband is abroad? |
A. | From Juliet herself when for the first time she went to my residence and also her sister Lotlot told me. |
Q. | What can you say with this Winnie Caparro and Juliet Almonte living together in one house at your barangay? |
A. | What I can say is that they seemed to be husband and wife.[8] |
[T]he image of a court of justice is necessarily mirrored in the conduct, official or otherwise, of the men and women who work thereat, from the judge to the least and lowest of its personnel - hence, it becomes the imperative sacred duty of each and everyone in the court to maintain its good name and standing as a true temple of justice.[15]Court employees are enjoined to adhere to the exacting standards of morality and decency in their professional and private conduct in order to preserve the good name and integrity of the courts of justice.[16] The conduct of court personnel must be free from any whiff of impropriety, not only with respect to their duties in the judicial branch, but also to their behavior outside the court as private individuals. There is no dichotomy of morality; a court employee is also judged by his or her private morals.[17] Court personnel, from the lowliest employee to the clerk of court or any position lower than that of a judge or justice, are involved in the dispensation of justice, and parties seeking redress from the courts for grievances look upon them as part of the Judiciary. They serve as sentinels of justice, and any act of impropriety on their part immeasurably affect the honor and dignity of the Judiciary and the people's confidence in it. They must avoid all impropriety and even the appearance of impropriety. Thus, any conduct which tends to diminish the image of the Judiciary cannot be countenanced.[18]