GERALDINE P. DIZON, complainant, vs. HIYASMIN L. CAMPO, Court Stenographer, MCTC - Capas, TARLAC,respondent.

GERALDINE P. DIZON, complainant, vs. HIYASMIN L. CAMPO, Court Stenographer, MCTC - Capas, TARLAC,respondent.

[A.M. No. P-04-1774. February 9, 2004]

Facts: Complainant alleged that respondent who is a single mother of a nine-year-old child was having an illicit relationship with her husband, Arnel T. Dizon. On March 3, 2001, according to the complainant, her husband admitted his relationship with the respondent who was then already one month pregnant. She met with respondent in order to beg the latter to leave her husband and respondent answered “I will” to the plea. However, respondent and complainant’s husband continued their illicit relationship still. On December 19, 2001, complainant received a text message from respondent that complainant’s husband loves her and was willing to leave his family for her.

On March 4, 2002, complainant went to the MCTC of Capas, Tarlac, where she confronted respondent about the illicit relationship inside the chamber of Judge Panfilo Valdez, Sr. Respondent allegedly not only admitted her relationship with complainant’s husband but also stated that she was pregnant. Pleading to respondent that she leave her husband, complainant offered financial support. Respondent refused the offer, stating that she is working and that all she needs is complainant’s husband.

Respondent filed a comment denying the charges against her. She alleged that complainant’s husband, a member of the Sangguniang Bayan of Capas, Tarlac, became her acquaintance because of their common place of work. Hence, it was not infrequent that she and Arnel would be seen talking with each other in public within the compound of the Municipal Hall. It was only in the year 2001 that she found out that some employees attributed malice to her acquaintance with Arnel Dizon. Respondent denied having sent text messages to complainant. She also denied that she was pregnant and claimed she knew nothing about the alleged admission of Arnel on the matter. To prove the point she submitted a Medical Certificate dated May 5, 2002, attesting to the fact that she did not get pregnant within the preceding three months.

On August 7, 2002 the Officer of the Court Administrator dismissed the complaint.

Respondent filed a Manifestation with Motion for Reconsideration dated February 5, 2003, praying that she be allowed to resign effective as of June 2003. She claimed that several months after the filing of the administrative complaint, she decided to ask the indulgence of the OCA to allow her to resign even though, as she claimed, she was an effective and efficient court stenographer. The recommendation of the OCA allowing her resignation was simply noted pending the submission of the report of the investigating judge.

In his Report, Investigating Judge Arsenio P. Adriano, Executive Judge, RTC, Branch 63, Tarlac City, recommended that respondent be meted the penalty of three (3) months suspension without pay for immoral conduct.

Issue: Whether or not the SMS sent by Campo to Dizon may be admissible in court as basis for the charge of immorality?

Held: The Court affirms the findings of immorality on the part of the respondent reached by the OCA and the investigating judge. However, the penalty they recommended is lower than what respondent deserves.

The facts on record warrant the imposition of the penalty of suspension prescribed by the Civil Service Law for the first offense for disgraceful and immoral conduct, the minimum of which is six (6) months and one (1) day while the maximum is one (1) year.

Instead of rectifying her errant ways after the wife of her paramour had pleaded with her, she continued the illicit relationship and even abhorrently aggravated the situation by marrying complainant’s husband. Interestingly, respondent married him after she stated in her Commentthat her relationship with him was purely based on friendship. Respondent cannot feign ignorance of Arnel T. Dizon’s marital status for he was then a member of the Sangguniang Bayan of Capas, Tarlac. Someone like respondent who works in the same Municipal Hall must have known of, or at least could have easily verified, the status of Arnel. Even assuming that she was unaware of Arnel’s married status when they first became acquainted with each other, she should have been put on guard when a woman claiming to be his wife pleaded to her to abort her illicit relationship for the sake of the couple’s two children.

By agreeing to marry a man during the subsistence of the latter’s marriage to another person, respondent subjected both herself and her paramour to the risk of criminal prosecution. Also, while it appears that Arnel had courted respondent, the fact remains that she entertained the advances of a married man. Respondent’s subsequent filing of an action for the annulment of her marriage to Arnel does not extenuate her liability.