335 Phil. 511
PANGANIBAN, J.:
"Sometime in August 11, 1947, defendant (should be respondent) and plaintiff (should be complainant) Maria Apiag, joined together in holy matrimony in marriage after having lived together as husband and wife wherein they begot a daughter who was born on June 19, 1947, whom they named: Teresita A. Cantero; and then on October 29, 1953, Glicerio A. Cantero was born. Thereafter, defendant left the conjugal home without any apparent cause, and leaving the plaintiff Maria Apiag to raise the two children with her meager income as a public school teacher at Hinundayan, Southern Leyte. Plaintiffs suffered a lot after defendant abandoned them for no reason whatsoever. For several years, defendant was never heard of and his whereabout unknown.On September 21, 1993, complainants, through Atty. Redentor G. Guyala, wrote a letter to respondent as follows:
Few years ago, defendant surfaced at Hinundayan, Southern Leyte, whereupon, plaintiffs begged for support, however, they were ignored by defendant. x x x"[6]
"Judge Esmeraldo CanteroThe letter elicited no action or response from the respondent. Subsequently, complainants learned that respondent Judge had another family. In their own words,
Pinamungajan, Cebu
Dear Judge Cantero:
We are writing in behalf of your legal wife, Maria Apiag, and your two legitimate children by her, Teresita (Mrs. Sacurom) and Glicerio.
It appears that sometime in the 1950's for reasons known only to you, you left your conjugal home at Hinundayan, Southern Leyte, and abandoned without any means of support your said wife and children. Since then and up to now, they have not seen or heard from you.
They would wish now that you do them right by living up to your duty as husband and father to them, particularly that expressly provided under Art. 68 and Art. 195 of the Family Code (Art. 109 and 195 of the Civil Code) in relation to Art. 203 of the same Code.
You will please consider this letter as a formal demand for maintenance and support for three of them, and a request that they be properly instituted and named as your compulsory heirs and legal beneficiaries in all legal documents now on file and to be filed with the Supreme Court and other agencies or offices as may be required under applicable laws, such as, the insurance (GSIS) and retirement laws.
We hope this matter can be amicably settled among you, your wife and children, without having to resort to judicial recourse.
Very truly yours,
(SGD.) REDENTOR G. GUYALA"[7]
"x x x The plaintiffs later on learned that defendant has another wife by the name of Nieves C. Ygay, a Public School teacher from Tagao, Pinamungajan, Cebu. According to some documents obtained by plaintiffs, the herein defendant and Nieves C. Ygay have children of their own, named as follows with their date of births: Noralyn Y. Cantero -- May 19, 1968; Ellen Y. Cantero -- February 4, 1970; Erwin Y. Cantero -- April 29, 1979; Onofre Y. Cantero -- June 10, 1977; and Desirie Vic Y. Cantero -- December 2, 1981.The respondent Judge, in his Comment, explained his side as follows:
It was shocking to the senses that in all of the public documents required of defendant Judge Cantero to be filed with the Supreme Court such as his sworn statement of assets and liabilities, his personal data sheet (SC Form P. 001), income tax returns and his insurance policy with the Government Service Insurance System, defendant misrepresented himself as being married to Nieves C. Ygay, with whom he contracted a second marriage. The truth of the matter is that defendant is married to plaintiff Maria Apiag with whom they have two legitimate children, namely: Teresita A. Cantero and Glicerio A. Cantero."[8]
"x x x sometime in the year 1947, when both respondent and complainant, Maria Apiag were still in their early age and in their second year high school days, they were engaged in a lovely affair which resulted to the pregnancy of the said complainant, and then and there gave birth to a child, named Teresita Apiag, having (been) born out of wedlock on June 19, 1947, now Mrs. Teresita Sacurom, one of the complainants. That in order to save name and shame, parents of both the respondent and the complainant came to an agreement to allow the respondent, and the complainant (to) get married in the (sic) name, but not to live together as husband, wife for being close relatives, thereby forcing the respondent to appear in a marriage affair where all the pertinent marriage papers were all ready (sic) prepared (sic), and duly signed by somebody; that after the said affair both respondent and the complainant immediately separated each other (sic) without living together as husband, and wife even for a day, nor having established a conjugal home. From that time respondent and the complainant have never met each other nor having (sic) communicated (with) each other for the last 40 years; that respondent continued his studies at Cebu City, and eventually became member of the Philippine Bar, having passed the bar examination in the year 1960, that is 14 years after the affair of 1947; that in 1964, respondent was first connected in the government service as Comelec Registrar of the Commission on Elections, assigned at Pinamungajan, Cebu(,) that is 16 years after the affair of 1947; that in the year 1982, respondent was appointed as CLAO lawyer, now PAO, of the Department of Justice, that is 35 years after the after the affair of 1947; and finally, on October 3, 1989, respondent was appointed to the Judiciary as Municipal Circuit Trial Judge (MCTC) of the Municipalities of Pinamungajan and Aloguinsan, province of Cebu, that is 42 years from August 11, 1947; that respondent is (sic) already 32 years in the government service up to the present time with more than 6 years in the Judiciary; that respondent is already 69 years old, having been born on August 8, 1927, and retirable by next year if God willing; that respondent has served in the government service for the last 32 years, faithfully, honestly and judiciously without any complaint whatsoever, except this instant case; that respondent as member of the Judiciary, has live-up (sic) to the standard required by the (sic) member (sic) of the bar and judiciary; that the charges against the respondent were all based or rooted from the incedent (sic) that happened on August 11, 1947 and no other; that the complainants are morally dishonest in filing the instant (case) just now, an elapsed (sic) of almost 42 years and knowing that respondent (is) retirable by next year, 1997; that this actuation is very suspicious, and intriguing;Relevant portions of said compromise agreement which was executed sometime in March 1994 by Esmeraldo C. Cantero and Teresita C. Sacurom and witnessed by Maria Apiag and Leovegardo Sacurom are reproduced thus:
x x x x x x x x x
That complainant Maria Apiag has been living together with another man during her public service as public school teacher and have begotten a child, name (sic) Manuel Apiag and respondent promised (sic) the Honorable Court to furnish a complete paper regarding this case in order to enlighten the Honorable (Court) that, he who seek (sic) justice must seek justice with cleab (sic) hand;
That respondent did not file any annullment (sic) or judicial declaration (of nullity) of the alleged marriage because it is the contention and honest belief, all the way, that the said marriage was void from the beginning, and as such nothing is to be voided or nullified, and to do so will be inconsistent with the stand of the respondent; that this instant case (was) simply filed for money consideration as reflected in their letter of demand; (t)hat as a matter of fact, respondent and the complainant have already signed a compromised (sic) agreement, copy of which hereto (sic) attached as Annex '1', stating among other things that respondent will give a monthly allowance to Terecita (sic) Sacurom in the (amount) of P4,000.00 and the complainant will withdraw their complaint from the Supreme Court., and that respondent had already given the said allowance for three consecutive months plus the amount of P25,000.00 for their Attorney to withdraw the case, and that respondent stop (sic) the monthly allowance until such time the complainant will actually withdraw the instant case, and without knowledge of the respondent, complainant proceeded (sic) their complaint after the elapsed (sic) of three (3) years."[10]
"That this COMPROMISE AGREEMENT is executed and entered into by ESMERALDO C. CANTERO, of legal age, married, Filipino, and with residence and postal address at Pinamungajan, Cebu, Philippines, otherwise called as the FIRST PARTY, and TERESITA C. SACUROM, also of legal age, married, Filipino, representing her mother and her brother, and a residence (sic) of 133-A J. Ramos Street, Caloocan City, after having duly swirn (sic) to in accordance with law do hereby depose and say:1. That the First Party is presently a Municipal Circuit Trial Judge of Pinamungajan-Aloguinsan, Cebu, is charged by Second Party for Misconduct before the Office of the Court Administrator of the Supreme Court now pending action;
"1. That the first marriage with the complainant, Maria Apiag on August 11, 1947 is void;Report and Recommendation of Investigating Judge and Court Administrator
2. The absence of his first wife complainant Maria Apiag for more than seven (7) years raise the presumption that she is already dead, that there was no need for any judicial declaration;
3. The charge of Grave Misconduct is not applicable to him because assuming that he committed the offense, he was not yet a member of the judiciary;
4. The crime of Bigamy and Falsification had already prescribed;
5. The charges have no basis in fact and in law."[13]
"After a careful perusal of the evidence submitted by the parties, this Office finds respondent Guilty of the crime of Grave Misconduct (Bigamy and Falsification of Public Documents) however, considering his length of service in the government, it is recommended that he be suspended for one (1) year without pay."[14]The Office of the Court Administrator also submitted its report[15] recommending respondent Judge's dismissal, as follows:
"After a careful review of all the documents on file in this case, we find no cogent reason to disturb the findings of the investigating judge.As earlier indicated, respondent Judge died on September 27, 1996 while this case was still being deliberated upon by this Court.
Extant from the records of the case and as admitted by respondent, he was married to complainant Maria Apiag on August 11, 1947 and have (sic) two (2) children with her. Respondent's contention that such marriage was in jest and assuming that it was valid, it has lost its validity on the ground that they never met again nor have communicated with each other for the last 40 years cannot be given a (sic) scant consideration. Respondent's argument that he was not yet a lawyer, much more, a member of the bench when he contracted his first marriage with the complainant, is unavailing for having studied law and had become a member of the Bar in 1960, he knows that the marriage cannot be dissolved without a judicial declaration of death. Respondent's second marriage with Nieves Ygay was therefore bigamous for it was contracted during the existence of a previous marriage.
We are likewise not persuaded by the assertion of the respondent that he cannot be held liable for misconduct on the ground that he was not yet a lawyer nor a judge when the act(s) complained of were committed. The infraction he committed continued from the time he became a lawyer in 1960 to the time he was appointed as a judge in October 23, 1989. This is a continuing offense (an unlawful act performed continuously or over and over again, Law Dictionary, Robert E. Rothenberg). He can therefore be held liable for his misdeeds.
On the charge of falsification, it was shown with clarity in his Personal Data Sheet for Judges, Sworn Statement of Assets, Liabilities and Networth, Income Tax Return (pp. 99-102, rollo), that he had committed a misrepresentation by stating therein that his spouse is Nieves Ygay and (had) eight (8) children (with her) which is far from (the) truth that his wife is Maria Apiag with whom he had two (2) children.
Aside from the admission, the untenable line of defense by the respondent presupposes the imposition of an administrative sanction for the charges filed against him. 'A judge's actuation of cohabiting with another when his marriage was still valid and subsisting - his wife having been allegedly absent for four years only — constitutes gross immoral conduct' (Abadilla vs. Tabiliran Jr., 249 SCRA 447). It is evident that respondent failed to meet the standard of moral fitness for membership in the legal profession. While deceit employed by respondent, existed prior to his appointment as a x x x Judge, his immoral and illegal act of cohabiting with x x x began and continued when he was already in the judiciary. A judge, in order to promote public confidence in the integrity and impartiality of the judiciary, must behave with propriety at all times, in the performance of his judicial duties and in his everyday life. These are judicial guidepost to(sic) self-evident to be overlooked. No position exacts a greater demand on moral righteousness and uprightness of an individual than a seat in the judiciary (Atienza vs. Brilliantes, Jr., 243 SCRA 32-33).
ACCORDINGLY, it is respectfully recommended that respondent judge be DISMISSED from the service with forfeiture of all leave and retirement benefits and with prejudice to re-appointment in any branch, instrumentality or agency of the government, including government-owned and controlled corporations."
"'Misconduct in office has definite and well understood legal meaning. By uniform legal definition, it is a misconduct such as affects his performance of his duties as an officer and not such only as affects his character as a private individual. In such cases, it has been said at all times, it is necessary to separate the character of man from the character of an officer. x x x It is settled that misconduct, misfeasance, or malfeasance warranting removal from office of an officer, must have direct relation to and be connected with the performance of official duties x x x .' More specifically, in Buenaventura vs. Benedicto, an administrative proceeding against a judge of the court of first instance, the present Chief Justice defines misconduct as referring 'to a transgression of some established and definite rule of action, more particularly unlawful behavior or gross negligence by the public officer.' That is to abide by the authoritative doctrine as set forth in the leading case of In re Horilleno, a decision penned by Justice Malcolm, which requires that in order for serious misconduct to be shown, there must be 'reliable evidence showing that the judicial acts complained of were corrupt or inspired by an intention to violate the law or were in persistent disregard of well-known legal rules.'"[16]The acts imputed against respondent Judge Cantero clearly pertain to his personal life and have no direct relation to his judicial function. Neither do these misdeeds directly relate to the discharge of his official responsibilities. Therefore, said acts cannot be deemed misconduct much less gross misconduct in office. For any of the aforementioned acts of Judge Cantero" x x x (t)o warrant disciplinary action, the act of the judge must have a direct relation to the performance of his official duties. It is necessary to separate the character of the man from the character of the officer."[17]