EN BANC

[A.M. No. 97-2-53-RTC. July 6, 2001]

RE: COMPLAINT O MR!. ROTILLA A. MARCO! AN" #ER C#IL"REN A$AIN!T J%"$E ER"INAN" J. MARCO!, RTC, &R. 20, CE&% CIT' "ECI!ION
PER CURIAM:

In a hand written letter dated December 9, 1996[1] addressed to the Honorable Andres Narvasa, Chie !"stice o the #"$reme Co"rt, %rs& 'otilla A& %arcos, the wi e o !"d(e )erdinand !& %arcos, and their children !osh"a A& %arcos and Ha*el )aith %arcos Barliso com$lained a(ainst !"d(e )erdinand !& %arcos o the 'e(ional +rial Co"rt, Branch ,- at Ceb" Cit., alle(in( that ever since )erdinand !& %arcos was a$$ointed /"d(e o the 'e(ional +rial Co"rt at Ceb" Cit., Branch ,-, his amil. had never seen nor too0 hold o his che1"es2 that the. have onl. been receivin( a minimal amo"nt which was ins" icient or their ed"cation and or their s"stenance2 that the. were made to believe that he was onl. receivin( a small rem"neration as an '+C !"d(e2 that it was onl. in A"("st 1996 when the. (ot hold o his 'A+A, !D) and basic salar. che1"es2 that these were not even eno"(h to $a. his obli(ations with the C)I Comm"nit. Coo$erative and other $rivate $ersons2 that he was en/o.in( his e3tra4ordinar. allowance, local and cit. allowances, bon"ses, amelioration $a.s, and 15 th month $a.s2 that he even (ot his second 1"incena o November direct in %anila when he was en/o.in( his one4wee0 leave o absence with his mistress& %rs& 'otilla A& %arcos and her children !osh"a and Ha*el $ra.ed that all the rem"neration d"e !"d(e %arcos rom the #"$reme Co"rt be directl. released to %rs& %arcos at the school where she has been servin( or ,- .ears 6the Abellana National #chool7 to $revent his mistress rom (ettin( them& +he. added that !"d(e %arcos was still receivin( local and cit. allowances and a salar. rom the #o"thwestern 8niversit. where he teaches in the Colle(e o 9aw& +he. li0ewise stated that it wo"ld be advisable or him to resi(n rom the bench, as reassi(nin( him to other /"dicial re(ions wo"ld event"all. de$rive them o s"$$ort or he will de initel. ta0e alon( his ambitio"s mistress, or she wo"ld ollow him and mi(ht $ress"re him to (o into (ra t and corr"$tion& In the resol"tion, dated %arch 1:, 199;, the Co"rt re1"ired !"d(e )erdinand !& %arcos to ile his comment on the com$laint&[,] In his comment, dated %a. 1<, 199;,[=] !"d(e %arcos denied his ail"re to s"$$ort com$lainants and alle(ed that d"rin( the irst ew months o ass"min( his /ob on the bench, he aith "ll. and re("larl. (ave to his wi e the total amo"nt o >1<,---&--2 that he alone s$ent or their dail. trans$ortation and or the dail. miscellaneo"s e3$enses o their son, !osh"a A&

%arcos, a medical st"dent at the time, notwithstandin( the act that his wi e also earns a salar. as a $"blic school teacher2 that the amo"nt he (ave to his wi e was s" icient or her and their amil.?s needs2 that the loan contracted with the C)I Comm"nit. Coo$erative did not $ose a serio"s $roblem to the inancial standin( o his amil. beca"se it was made d"rin( his irst ive 6<7 months in the /"diciar. when he had not .et received his salar.2 that most o the $roceeds o the said loan were or the t"ition ee o their son !osh"a2 that said loan was $a.able in a ordable monthl. installments and that he ho$ed it wo"ld be "ll. $aid be ore the end o the .ear 199;2 that he was not indebted to an. $rivate $erson, not even when he was still a $rivate law $ractitioner2 that he had no idea wh. his wi e tho"(ht that he wo"ld be better o resi(nin( rom the /"diciar.2 that even i he were trans erred to another sala his re("lar s"$$ort to his amil. will contin"e2 that the iss"e o his havin( a mistress is not tr"e as he has never been lin0ed e3tra4 maritall. with another woman2 that his wi e and children had alread. si(ned a letter withdrawin( their letter@com$laint a(ainst him2 and he had si(ned a letter o "nderta0in( to (ive all the chec0s d"e him rom the #"$reme Co"rt to his wi e& He $ra.ed amon( other thin(s, or the dismissal o the com$laint a(ainst him as the. were livin( in one roo as a amil. and as this administrative case is becomin( a wed(e o hostilit. between them& An !"l. ,9, 199;, this Co"rt iss"ed a resol"tion re errin( the matter to the A ice o the Co"rt Administrator or eval"ation, re$ort and recommendation&[5] In his re$ort dated Actober 1;, 199;,[<] De$"t. Co"rt Administrator Bernardo >& Abesamis recommended that the com$laint be considered closed and terminated, it a$$earin( that the com$laint a(ainst !"d(e )erdinand %arcos was alread. threshed o"t and there bein( no more com$ellin( reason to $roceed a(ainst him& He based his re$ort on the letter4withdrawal dated !an"ar. 1-, 199; s"bmitted b. the com$lainants and the letter o "nderta0in( si(ned b. !"d(e %arcos& In their letter@withdrawal dated !an"ar. 1-, 199;,[6] the com$lainants stated that the. wanted to withdraw their letter@com$laint a(ainst !"d(e %arcos as he had made an "nderta0in( that %rs& 'otilla A& %arcos shall receive all the chec0s d"e him rom the #"$reme Co"rt2 and that the iss"e o the alle(ed mistress (rew o"t o "ncon irmed re$orts and had alread. been thoro"(hl. disc"ssed b. the amil. co"ncil& +he. re1"ested that the matter contained in their letter@com$laint be treated as a closed matter& An the other hand, !"d(e )erdinand !& %arcos, in his letter o "nderta0in(, o ered no ob/ection to his wi e (ettin( all the chec0s d"e him rom the #"$reme Co"rt and (ave her the a"thorit. to (et them directl. rom the #"$reme Co"rt or rom the Cler0 o Co"rt o '+C, Ceb" Cit.& He stron(l. denied havin( an. relationshi$ with an. woman when he tal0ed with his wi e and children& His alle(ed relationshi$ s$r"n( rom "ncon irmed re$orts rom the media&[;] As the re$ort o DCA Abesamis was not a$$roved b. the Co"rt Administrator and the latter did not re$ort the matter to the Co"rt En Banc, the case remained s"s$ended "ntil the Honorable Chie !"stice Hilario B& Davide, !r& re$orted to the Co"rt En Banc on A"("st 15, ,---, the scandalo"s incident he witnessed at theFun Run s$onsored b. the >hili$$ine !"d(es Association held on A"("st 11, ,---& Amon( the '+C /"d(es who attended and /oined the Fun Run was !"d(e )erdinand !& %arcos& A woman who was re$orted to be his querida accom$anied him& !"d(e %arcos and the querida /oined the !"d(es at the tem$orar. $lace reserved or the !"d(es and d"rin( the latter?s brea0 ast thereat were seated near each other&

Chie !"stice Davide $"lled !"d(e %arcos aside to validate the acts abo"t the latter?s illicit relationshi$ with the woman& !"d(e %arcos admitted, amon( other thin(s, that he had been livin( with the woman, %ae +acaldo, or three 6=7 .ears alread., and that he was se$arated rom his wi e& !"d(e %arcos was the one who s"$$lied the name o the woman& In view o this admission, the Chie !"stice recommended the re erral o the case or investi(ation to ACA Cons"ltant, !"stice >edro 'amire*, and the s"s$ension rom o ice o !"d(e )erdinand !& %arcos& Ado$tin( the recommendation o the Chie !"stice, the Co"rt iss"ed a resol"tion on A"("st 1<, ,--- orderin( the s"s$ension o !"d(e %arcos rom o ice "ntil "rther orders rom this Co"rt, in view o the con irmed contin"in( illicit and scandalo"s relations between him and a certain %ae +acaldo and the re erral o the case to !"stice >edro 'amire*, Cons"ltant, A ice o the Co"rt Administrator, or investi(ation, re$ort and recommendation& B"t beca"se !"stice 'amire* had to leave or the 8nited #tates o America, the matter was re erred to !"stice 'om"lo #& C"imbo, Cons"ltant, A ice o the Co"rt Administrator& !"stice C"imbo iss"ed notices to the $arties that the case will be heard at the A ice o the E3ec"tive !"d(e in Ceb" Cit. rom November 1= to 1<, ,---&[:] An November 1=, ,---, the case was called in the $rivate chambers o the E3ec"tive !"d(e o Ceb" Cit.& Anl. the res$ondent and his co"nsel a$$eared beca"se the notices did not arrive soon eno"(h in Ceb" Cit.& )or that reason, the >rocess #erver o '+C, Ceb" Cit., Branch 1:, was re1"ested to serve the notices on the com$lainants& +he ne3t da., November 15, ,---, both $arties a$$eared at the o ice o the E3ec"tive !"d(e& Com$lainant 'otilla %arcos came alone while res$ondent a$$eared with his co"nsel& Com$lainant mani ested that her co"nsel was "navailable d"e to $revio"s commitments& Co"nsel or the res$ondent be((ed to be e3c"sed as he also had $ersonal commitments& +h"s the case was reset or the ne3t da.& An November 1<, ,---, com$lainants $resented !"d(e %einrado >aredes o Branch 1=, '+C, Ceb" Cit.& A ter he was dischar(ed, com$lainant 'otilla %arcos too0 the stand hersel & #ince her testimon. 6direct e3amination7 was not com$leted the hearin( was contin"ed the ne3t da.& Her direct testimon. was com$leted on November 16, ,--- b"t her cross4 e3amination was de erred to December <, 6, and ;, ,---& An December <, ,---, res$ondent a$$eared witho"t his co"nsel and $ersonall. cross4 e3amined the com$lainant& A ter her testimon., com$lainants introd"ced o"r other witnesses, namel.D %a3imo Abin(, Arencio +aron(o., 9eoncio %& Balan(0i(, and 9erma E("ia, all o whom a$$eared in obedience to s"b$oenas iss"ed b. the hearin( o icer4desi(nate& +hese witnesses were $resented $rinci$all. to identi . certain doc"ments that were mar0ed and later ormall. o ered in writin(& Com$lainants? doc"mentar. evidence consisted o E3hibits EAE 4$ict"re o %a.delane +acaldo, the alle(ed mistress o the res$ondent2 EBE 4the letter@com$laint received b. the Co"rt on December 1,, 19962[9] ECE 4'C>I tele(ram directin( res$ondent to attend a >!A sta.4in seminar on !"ne ,-4,,, 1996 in %andal".on(2 EDE 4Islacom #tatement o Acco"nt dated !"ne =, 19962 ED41E 4address o res$ondent at 61< FA >& del 'osario E3tension, Ceb" Cit.2 EEE 4handwritten letter o one %rs& E& Dandan, dated Actober =, 199< addressed to res$ondent

demandin( $a.ment o the acco"nt o %a. in the s"m o >11 ,5--2 EE41E 4a $ortion thereo 2 E)E 4'C>I social tele(ram addressed to res$ondent $"r$ortedl. rom %ae +acaldo2 E)41E 4a $ortion thereo 2 EBE 4Ban0ard #tatement o Acco"nt dated #e$tember 1-, 199; addressed to res$ondent2 EB41 E 4$a(e , thereo 2 EHE 4"nsi(ned Certi ication o +enant2 EIE 4Invoice iss"ed b. >aramo"nt Beneral Ins"rance Cor$oration 6>aramo"nt, or brevit.7 or a E+o.ota 'evoE %odel 1999 alle(edl. owned in common b. res$ondent and %a.delane +acaldo2 EI41E 4$ortion showin( the names and addresses o the ins"red as E%arcos, )erdinand !& and +acaldo, %a.delene B& o 'odri("e* #t&, Fosa Com$o"nd, Ca$itol #ite, Ceb" Cit.E2 EI4,E 4$artic"lars o the vehicle ins"red2 E!E 4Arder iss"ed b. res$ondent on !an"ar. ,5, ,---, in Civil Case No& CEB4 19-;-2 E!4 1E, E!4,E, E!4=E, and E!45E 4$ortions thereo 2 EGE 4Actober ,:, ,--- iss"e o E+HE )'EE%ANE2 EG41E and EG4,E 4$ortions thereo 2 E9E 4Actober ,-, ,--- iss"e o the E#8N #+A' CEB8E2 E94 1E, E94,E, and E94=E 4$ortions brac0eted2 E%E 4#8N #+A' #8>E' BA9I+A iss"e o Actober ,-, 19962 E%41E and E%4,E 4$ortions thereo 2 ENE 4Actober ,:, 1996 iss"e o #8N #+A' #8>E' BA9I+A2 EN41E and EN4,E 4$ortions thereo 2 EAE4#8N #+A' iss"e o December 1:, 19962 EA41E and EA4,E 4$ortions thereo 2 E>E 4A idavit o Bienvenido A& %arcos2 E>41E 4$ara(ra$h ; thereo 2 "C" 4A idavit o Anacleta %arcos2 "C41 E, EC4,", and "C4=" 4$ortions thereo 2 E'E 4'esol"tion o the #"$reme Co"rt En Banc dated A"("st 1<, ,--- in the $resent administrative matter[1-]2 E'41E 4$ortion thereo 2 E#E 4>etition iled b. res$ondent in Civil Case No& CEB4 ,<<11 or the declaration o n"llit. o his marria(e to com$lainant 'otilla C& Ares2 E+E 4%arria(e Contract o com$lainant and res$ondent dated December =1, 19;12 E8E 4#"b$oena D"ces +ec"m iss"ed to >CI 9easin( and )inance Inc&2 EHE 4Certi icate o 'e(istration No&1<6;615= iss"ed on A"("st 5,,--- in the name o res$ondent and %a.delane +acaldo with address at Ca$itol #ite, Ceb" Cit.2 EH41E 4$ortion thereo 2 EIE 4co$. o Certi icate o 'e(istration o a E+o.ota 'evoE in the name o res$ondent and %a.delane +acaldo with address at B& 'odri("e* #t&, Ca$itol #ite, Ceb" Cit.2 EI41 E 4$ortion showin( owners? names2 EJE 4 %otor Hehicle Ins$ection 'e$ort reD E+o.ota 'evoE2 EJ41E 4$ortion re(ardin( ownershi$2 EKE 4Deed o #ale o one E+o.ota 'evoE e3ec"ted b. one 9eticia Cabanes2 EK41 E 4$ortion showin( vendees bein( res$ondent and %a.delane B& +acaldo2 EK4,E 4date o e3ec"tion2 EFE 4>N> %otor Hehicle Clearance Certi icate2 EF41 E 4$ortion showin( $"r$ose o certi icate2 EAAE 4 #"b$oena D"ces +ec"m iss"ed to >aramo"nt2 EBBE 4Invoice No&1=<<:- coverin( a E+o.ota 'evoE2 EBB41 E 4name and address o res$ondent as ins"red2 ECCE4$olic. sched"le2 ECC41E 4name and address o res$ondent2 ECC4,E 4 >rivate Car >olic. No& CEB4>C4,<6:;2 ECC4=E 4si(nat"re o >aramo"nt?s Ceb" #ervice A ice %ana(er2 EDDE 4>aramo"nt?s %emorand"m showin( chan(e o mort(a(ee2 EDD41 E, EDD4,E, and EDD4=E 4$ortions o the same2 EEEE 4 a3 messa(e received b. >aramo"nt reD incl"sion o %a.delane +acaldo as one o the ins"red2 E))E 4Chattel %ort(a(e e3ec"ted b. res$ondent and %a.delane B& +acaldo2 E))41E 4$a(e , thereo 2 E))4,E, E))4=E, E))45E, E))414AE, and E))414BE 4 $ortions thereo 2 EBBE 4%otion or inhibition o res$ondent in Civil Case No& CEB419-;-2 EBB41E, EBB414AE, and EBB4,E, 4$ortions brac0eted2 EHHE 4 Comment o Att.& )rancis Fosa on the motion or inhibition2 LHH41E and EHH4,E 4 $ortions o the same2 LIIE 4Deed o #ale /ointl. e3ec"ted b. res$ondent and %a.delane B& +acaldo conve.in( a E+o.ota 'evoE2 LII41E and EII4,E 4$ortions thereo 2 L!!E 4correction made b. >aramo"nt as to who are the ass"red in CEB4 >C4,<6:;2 E!!41E 4the ass"red were the res$ondent and %a.delane B& +acaldo2 EGGE 4 Co"nter4A idavit o com$lainant on the char(e o ad"lter. iled a(ainst her b. the res$ondent2 LGG41E to EGG41-E 4$a(es , to 11 thereo 2 EGG4 11 E to EGG4 ,=E 4anne3es to E3hibit EGGE2 E99E 4o$$osition to motion to dis1"ali . Att.&

Bloria 9astimosa4Dalawam$" as co"nsel or %rs& %arcos in Civil Case No& CEB4,<<112 E9941 E 4$a(e , thereo 2 E99414AE and E994,E 4$ortions o the same& )rom the evidence $resented it a$$ears that com$lainant 'otilla A& %arcos is married to the res$ondent& +heir marria(e was celebrated on December =1, 19;1 at the )irst Ba$tist Ch"rch, Ceb" Cit. and was o iciated b. Ascle$iades C"rro, a %inister o the Bos$el& [11] Ihen the. (ot married, !"d(e %arcos was waitin( or the res"lts o the Bar e3ams and did not have a /ob& #ince she was alread. wor0in( as a teacher in Catmon she s"$$orted !"d(e %arcos& +he. sta.ed in the ho"se o her (rand$arents& +he. have two childrenD !osh"a who is now ,: .ears old and Ha*el )aith who is ,6 .ears old& Ihen he became a law.er he did not (o into $rivate $ractice ri(ht awa. so she s"$$orted him and the children& In act, he sta.ed home and loo0ed a ter the children& !"d(e %arcos became a member o the !"diciar. in !"ne 199=& He was a$$ointed $residin( /"d(e o Branch ,- o the 'e(ional +rial Co"rt at Ceb" Cit.& A ter his a$$ointment, she noticed a chan(e in his cond"ct towards her& He became cold and no lon(er $er ormed the "s"al acts o a h"sband, re errin( to se3"al relations, beca"se he was ver. b"s.& Ihat?s more the. no lon(er sle$t in one room& In %arch 1996, the. were livin( in #an !ose Hilla(e, 9awaan =, +alisa., Ceb"& In !"ne 1996 she was in ormed thro"(h an anon.mo"s letter written in the Ceb"ano dialect, abo"t her h"sband?s in idelit.& Ihile she co"ld no lon(er $rod"ce the letter at the time o the trial, she co"ld still remember its contents& In En(lish it readD EKo" are a st"$id wi e& 8ntil now, .o" have not learned that .o"r h"sband has a mistress& I .o" don?t believe me, (o to the o ice o the '+C, Branch ,-, ri(ht now& Ko" (o there4to Branch ,-& As0 the $eo$le there i there is a convention in %anila to be $artici$ated in b. '+C /"d(es& He alread. bo"(ht two $lane tic0ets&E Immediatel. she went to Branch ,- to in1"ire abo"t the /"d(es? convention in %anila& #he o"nd a tele(ram in !"d(e %arcos? attache case rom a %ario 8mali desi(natin( res$ondent as a $artici$ant in a Esta.4inE seminar s$onsored b. >!A to be held at the %andal".on( !"stice B"ildin( on !"ne ,- 4 ,;, 1996&[1,] #he in1"ired rom Att.& %onalila +ecson, the Cler0 o Co"rt o Branch ,-, abo"t the convention 6seminar7& Att.& +ecson as0ed her i she was not in ormed o the convention to which she re$lied in the ne(ative& Att.& +ecson told her to as0 her h"sband i he was (oin(& #he as0ed !"d(e %arcos that ni(ht& He told her that he was (oin( and that it was e3cl"sivel. or the /"d(es& #he told him not to (o, as she was a raid he was (oin( to ta0e alon( another woman& He re$lied that he wo"ld not (o& B"t, at dawn, he told her that he m"st leave as he had to (et the s"$$lies and e1"i$ment that wo"ld be distrib"ted in the #"$reme Co"rt& #he never dared to ind o"t i her h"sband was indeed with a woman when he went to attend the convention b"t she was s"re there was a woman& Com$lainant o"nd other incriminatin( doc"ments in the o ice o res$ondent& #omebod. in Branch ,- (ave her a #tatement o Acco"nt rom Islacom&[1=] +he Islacom #tatement o Acco"nt was dated !"ne =, 1996& It was addressed to )erdinand !& %arcos at 61< FA >& del 'osario E3tension, Ceb" Cit., and not to #an !ose Hilla(e, 9awaan =, +alisa., Ceb", where he and his amil. lived& +he. have never resided at 61< FA >& del 'osario

E3tension, Ceb" Cit., nor had the. an. telecomm"nication acilit. with Islacom& !"d(e %arcos neither has a cell $hone nor a tele$hone line with Islacom& Com$lainant searched or the address (iven in the #tatement o Acco"nt& It too0 her two months to ind it& #he discovered that %a.delane 6%ae7 +acaldo and er $arents were livin( in that ho"se& A %rs& !enn.lind Enri1"e* (ave her the in ormation& %rs& Enri1"e*, one o her co4 teachers, lives ne3t door to the +acaldos& #he con ronted her h"sband in his o ice over the Islacom bill& He told her to sta. or a while in the o ice, as he will (o o"t or ,- min"tes& #he wanted to (o with him b"t he re "sed to ta0e her as the $lace was onl. near the o ice& He wo"ld cons"lt somebod.& Ihen he came bac0, he told her that the. wo"ld (o to Islacom and declare that the cell $hone was lost& #he insisted on a con rontation between her, %a.delane +acaldo and her $arents& +he con rontation too0 $lace in the #ocial Hall o the Ca$itol& %a.delane, her $arents, her brother and his wi e, 'otilla %arcos, her mother, her brother !err. and his wi e, and her sister were all $resent then& 'otilla %arcos as0ed %a.delane wh. the cell $hone was in the name o )erdinand !& %arcos b"t the billin( address was that o the +acaldos, and wh. she was "sin( the cell $hone o !"d(e %arcos& +he latter said that the. were riends& +he latter did not re$l. when as0ed wh. !"d(e %arcos $aid >9,---&-- or the cell $hone?s bill when the. were onl. riends& Com$lainant o"nd inside res$ondent?s attache case that was in his o ice a .ellow sheet o $a$er, dated Actober =, 199<, addressed to res$ondent& It was a bill or the $a.ment o >11,5--&-- or E%a.?s Acct&E As she and !"d(e %arcos were still livin( to(ether at the time, she 0e$t her discover. a secret beca"se she alread. had an in0lin( that he had a relationshi$ with another woman& #he o"nd a birthda. card@social tele(ram [15] addressed to !"d(e %arcos inserted between the $a(es o a law boo0 on a table in the latter?s o ice& It read, amon( other thin(s, E%+ cares a lot, .o" 0now,E and EIt?s wonder "l to share m. li e with .o"&E #he discovered it two wee0s a ter his birthda., which was !"l. ;, 1996& #he 0e$t it with the other evidences& #he did not show him the card, as it wo"ld $reci$itate another 1"arrel& )"rther $roo o her h"sband?s in idelit. was the #tatement o Acco"nt iss"ed b. Ban0ard dated #e$tember 1-, 199;&[1<] Ane o the credit $"rchases was made at the A(encia Nina and !ewelr.& #he never saw the item $"rchased in the said sho$& Neither was it (iven to her da"(hter& Ane o the E$"rchasesE re lected in the #tatement o Acco"nt was made at Ca e 9a("na& +here was no occasion when she dined at Ca e 9a("na with her h"sband& Another item in the #tatement o Acco"nt was (roceries bo"(ht at Baisano %etro& +he (roceries $"rchased at Baisano %etro were not or their ho"se, as res$ondent was no lon(er (oin( home in 199;& 'es$ondent /"d(e le t the con/"(al home in 199; and has not ret"rned since then& 'otilla %arcos o"nd o"t where !"d(e %arcos was sta.in(D at the Fosa com$o"nd located at Don >edro 'odri("e* #t&, Ca$itol #ite, Ceb" Cit.& #he went to the a$artment he was rentin(& #he saw %a.delane +acaldo there b"t not !"d(e %arcos beca"se she did not (o inside& %a.delane +acaldo le t the a$artment, in a car& #he drove their 6the %arcos7 amil. car and the station wa(on, at times&

#he s"s$ected that he lives there beca"se she saw o"tside one o the rooms res$ondent?s sli$$ers, and em$t. water dis$enser o a brand similar to what the. have at their own $lace, and the la"ndered clothes 6$ants and $olo shirts7 o !"d(e %arcos han(in(& #he as0ed the b"ildin( administrator i her h"sband was livin( in the a$artment she went to, and the latter re$lied in the a irmative& !"d(e %arcos and %a.delane were "sin( aliases as the room was re(istered in the name o a Hictorino +imol& #he obtained a Certi ication o +enant rom the Fomer Develo$ment Com$an.&[16] It was dated %a. 1:, 199:, and showed that a %r& Hictorino +imol was an occ"$ant and tenant o Amville41 Bld(& located at Fosa Com$o"nd, Don >edro 'odri("e* #t&, Ca$itol #ite, Ceb" Cit. rom %a. :, 1996 to Actober 15, 199;& %a& +heresa Fosa, the Beneral %ana(er o the said com$an., re "sed to si(n it as she wanted to avoid tro"ble& +he matter o the illicit relationshi$ between !"d(e %arcos and %a.delane +acaldo was even $"blished in the news$a$ers& Com$lainant o ered as e3hibits certain cli$$in(s rom local news$a$ers 6E3hibits EGE, E9E, E%E, ENE, and EAE7 where the a air o res$ondent with %a.delane +acaldo was mentioned& In E3hibit EGE 6Actober ,:, ,--- iss"e o +he )reeman7 ormer E3ec"tive !"d(e >riscila A(ana was 1"oted as sa.in( that res$ondent was not even discreet abo"t his alle(ed illicit relationshi$ and that other !"d(es were com$lainin( o his behavior& In E3hibit E9E 6Actober ,:, ,--- iss"e o the #"n #tar Ceb"7 !"d(e A(ana was once more 1"oted as havin( said that she had warned res$ondent that his a air was (oin( to destro. him and that the latter never 0e$t his relations with the law st"dent a secret& A ter the com$lainants wrote a letter to the #"$reme Co"rt abo"t !"d(e %arcos ail"re to (ive them s"$$ort, the latter e3ec"ted an a"thorit. or them to collect his salar. rom !an"ar. 199; "$ to !an"ar. 199:& B"t he revo0ed the a"thorit. in )ebr"ar. 199:& #ince then the. no lon(er received an. s"$$ort rom him& Com$lainant did not 0now that the reason wh. !"d(e %arcos sto$$ed her a"thorit. rom (ettin( the chec0s was beca"se he alle(edl. discovered that she had a $aramo"r& #he verball. com$lained to !"d(e >riscila A(ana 6 ormer 'e(ional +rial Co"rt E3ec"tive !"d(e7 abo"t the sto$$a(e o the chec0s& #he did not com$lain to the #"$reme Co"rt beca"se he told her that she was /"st an ordinar. classroom teacher with a small salar. and that he wo"ld "se his $ower as a /"d(e a(ainst her& %rs& 'otilla %arcos no lon(er lives in their con/"(al home& +he reason wh. she le t was beca"se res$ondent /"d(e threatened to 0ill her& !"d(e %einrado >aredes, when called to testi ., admitted 0nowin( %a.delane +acaldo, "$on seein( her $ict"re& He had seen her twiceD the irst time d"rin( the wa0e o the late #andi(anba.an !"stice Berman 9ee, and the second time at the convention o the >hili$$ine !"d(es Association held in a hotel in %anila 6H.att 'e(enc.7 sometime in !"ne, 1999& Both times he did not see her with a com$anion& At the hotel lobb. o the H.att 'e(enc. he saw her a$$roachin( a (atherin( o wives o some '+C /"d(es& He 0new her to be a law st"dent& He did not thin0 that she was a member o the !"diciar., the wi e o a /"d(e, or an em$lo.ee o the co"rt&

Com$lainants $resented other witnesses who a$$eared and identi ied co$ies o doc"ments, the ori(inals o which were in their $ossession& %a3imo Abin(, an acco"nt o icer o the >CI 9easin( and )inance, Inc& 6>CI, or short7, bro"(ht a $hotoco$. o the certi icate o re(istration 6E3hibit EHE7 o a +o.ota 'evo with %otor No& ;G4-,;9:=5 iss"ed b. the 9and +rans$ortation A ice in avor o !"d(e )erdinand !& %arcos and %a.delane +acaldo, with residence at Ca$itol #ite, Ceb" Cit. as /oint owners& Arencio Boles +aron(o., an em$lo.ee o the 9and +rans$ortation A ice 69+A, or brevit.7, Ceb" Cit., bro"(ht to the hearin( and identi ied the ollowin( doc"mentsD 617 the o ice co$. o Certi icate o 'e(istration No&<955,;-5 6E3hibit EIE7 iss"ed b. the 9+A in the names o !"d(e )erdinand !& %arcos and %a.delane +acaldo with address at >& 'odri("e* #t&, Ca$itol #ite, Ceb" Cit.2 6,7 a %otor Hehicle Ins$ection 'e$ort 6E3hibit EJE7 re(ardin( a +o.ota 'evo owned b. !"d(e )erdinand !& %arcos and %a.delane +acaldo o >& 'odri("e* #t&, Ca$itol #ite, Ceb" Cit.2 6=7 a Deed o #ale 6E3hibit EKE7 e3ec"ted b. one 9eticia '& Cabanes on !"l. ,;, ,--- in avor o !"d(e )erdinand !avier %arcos and %a.delane B& +acaldo conve.in( a %odel 1999 +o.ota 'evo2 657 a >N> %otor Hehicle Clearance Certi icate 6E3hibit EFE7 coverin( a 1999 +o.ota 'evo owned b. 9eticia Cabanes, or the $"r$ose o trans errin( the ownershi$ thereo to !"d(e )erdinand !avier %arcos and %a.delane B& +acaldo& 9eoncio %& Balan(0i(, an em$lo.ee o >aramo"nt Beneral Ins"rance Cor$oration bro"(ht to the investi(ation co$ies o certain doc"ments which he identi ied, to witD E3hibit EBBE as the invoice or the ins"rance covera(e o a +o.ota 'evo iss"ed in avor o )erdinand %arcos with residence at >& 'odri("e* #t&, Fosa Com$&, Ca$itol #ite, Ceb" Cit.2 E3hibit ECE as the >olic. #ched"le ormin( $art o the $olic. which was also iss"ed in avor o the ins"red %arcos, )erdinand o >& 'odri("e* #t&, Ca$itol #ite, Ceb" Cit.2 E3hibit EDDE as an endorsement 6No&,6-=;5: dated Actober 5, ,---7 o the a orementioned $olic. No& CEB4>C4,<6:; that incl"ded the name o %a.delane B& +acaldo as an ins"red $art.& An earlier endorsement 6E3hibit E!!,E No& ,6-=5-- dated !"l. ,<, ,---7, (ave the ins"red as E%arcos, )erdinand !&, and +acaldo, %a.delane B&E Accordin( to the witness, this chan(e was made "$on the advice o >CI Bro0ers& An cross4e3amination the witness reiterated that the chan(e was occasioned b. a verbal order the. received rom the >CI Bro0ers& He "rther admitted that he had no 0nowled(e as to whether res$ondent was noti ied o the chan(e& +he Chattel %ort(a(e o the same +o.ota 'evo 6E3hibit E))E7 e3ec"ted and si(ned b. res$ondent and %a.delane B& +acaldo, both residin( at Fosa Cm$d&, >& 'odri("e* #t&, Ca$itol #ite, Ceb" Cit., in avor o >CI 9easin( was li0ewise $resented as evidence& 9erma E("ia o >CI E1"itable Ins"rance Bro0er, ormerl. >CI Bro0er, identi ied the Deed o #ale 6E3hibit II7 o the same +o.ota 'evo in avor o Amina B& Advinc"la& +he same doc"ment a$$eared to have been si(ned b. the res$ondent and %iss +acaldo, and ac0nowled(ed b. them be ore Notar. >"blic 'olando C& Bra$a, who entered it in his Notarial 'e(ister as Doc"ment No&=:<, >a(e No&;:, Boo0 No&,,-, #eries o ,---& Another doc"ment this witness identi ied was E3hibit E !!E which was an endorsement iss"ed b. >aramo"nt indicatin( therein the ass"red as E%arcos, )erdinand !&, and +acaldo, %a.delene BE& 8$on the other hand, res$ondent o ered his oral testimon. and identi ied and mar0ed E3hibits E1E 6a idavit o desistance e3ec"ted b. the com$lainants72 E,E 6letter o res$ondent directin( the Cler0 o Co"rt to deliver all his chec0s to com$lainant72 E=E to E=4KE 6savin(s

acco"nt remittance sli$s to res$ondent?s son !osh"a72 E5E 6electric bill72 E<E 6>9D+ bill72 E6E 6credit a$$lication s"bmitted to >CI 9easin(72 E64AE 6address indicated therein72 E64BE 6stam$ o Eclosed acco"ntE72 E;E to E;4++E 6$ostdated chec0s iss"ed b. %a.delane +acaldo 72 E:E [re$resentative 6sic7 com$laint or ad"lter. to(ether with a idavits]2 E9E 6re$l.4a idavit iled with >rovincial >rosec"tor72 E1-E 6amended com$laint or declaration o n"llit. o marria(e72 E11E 6Arder dated )ebr"ar. ,,, ,---72 E114AE and E114BE 6$ortions thereo 72 E1,E 6$romissor. note dated A"("st ,,, ,---72 E1,4AE and E1,4BE 6$ortions thereo 72 E1=E 6ori(inal com$laint or declaration o n"llit. in Civil Case No CE:4,<<11 72 E1=4AE 6$ortion thereo 72 E15E 6letter@com$laint to >rovincial >rosec"tor72 E154AE, E154BE, and E154CE 6a idavits s"$$ortin( his com$laint7 and E1<E 6certi icate iss"ed b. Dr& %an"el +ornilla7& +hese doc"ments, however, were not ormall. o ered nor transmitted to !"stice C"imbo& 'es$ondent declared that, contrar. to com$lainant?s testimon., he was never remiss in the s"$$ort o his amil.& He alle(ed that he had s"$$orted her and their children, e3ce$t at the time that she abandoned the con/"(al home in %arch 199:2 that he was (ivin( her >,,,---&--, more or less, monthl.2 that the reason wh. %rs& %arcos iled the letter@com$laint a(ainst him was beca"se she s"s$ected that he was not (ivin( her the correct amo"nt since he did not show her the chec0s rom the #"$reme Co"rt2 that he revo0ed his "nderta0in( to (ive to his wi e all the chec0s d"e him rom the #"$reme Co"rt beca"se he discovered that she had a $aramo"r, his co"sin %ariano %arcos2 that he alone s"$$orted their children and her da"(hter?s amil. rom 199: "ntil the time he was s"s$ended2 that he s$ent or the maintenance o their home b. $a.in( their electric and $hone bills& He $resented evidence re(ardin( the transmittal o "nds to his son !osh"a who was a medical st"dent 6E3hibits E=E to E=4 KE7& Ihile assi(ned in +oledo Cit., he stated that he was remittin( to !osh"a, a medical st"dent, the s"m o >1,,---&-- monthl.& Ihen his son o"nd a /ob in the .ear ,---, he red"ced his monthl. s"$$ort to >5,---&--& +o his da"(hter Ha*el )aith, he (ave >1,<--&-- wee0l. while he was in +oledo Cit.2 b"t when he was trans erred to Ceb" Cit., he increased her wee0l. s"$$ort to >,,---&--& He averred that the /ewelr. he $"rchased at A(encia Nina in the amo"nt o ><,---&-- was (iven to his da"(hter Ha*el )aith %arcos as a birthda. (i t& +he (roceries bo"(ht at Baisano %etro were bo"(ht and bro"(ht to their ho"se in +alisa., Ceb", es$eciall. or his (randda"(hter& It was his $ractice, even when he was still a $rivate $ractitioner, to $"rchase all the (roceries or the needs o his amil.& He never received an. birthda. card@social tele(ram beca"se his Cler0 o Co"rt screened all his comm"nications& As to the birthda. card o"nd t"c0ed between the $a(es o a law boo0 in his chambers, he denied that it came rom %a.delane +acaldo as her name did not a$$ear in the card 4onl. the initials %&+& His Cler0 o Co"rt, %onalila +ecson also has the initials %&+& b"t as his Cler0 o Co"rt, he didn?t e3$ect %onalila +ecson to send him a card with the dedication E%&+& cares a lot, .o" 0nowE, and EIt?s wonder "l to share m. li e with .o"&E He disclaimed an. 0nowled(e o the note o"nd in his o ice re1"estin( $a.ment o %a.?s acco"nt b. a %rs& Dandan& He re$lied that he did not 0now an. %rs& E& Dandan, nor the Bebot to whom the $a.ment sho"ld be (iven& He had never inc"rred an. "nsettled acco"nt with an.bod. when he was still with Branch ,-& He believed the note to be s$"rio"s and man" act"red b. his com$lainant4wi e, it bein( "ndated and beca"se he didn?t reco(ni*e the $enmanshi$& However, he admitted that the note was not in his wi e?s handwritin( b"t s"rmised

that it co"ld have been the $enmanshi$ o the $erson who was as0ed b. com$lainant4wi e to write it& He denied livin( in Fosa Com$o"nd, Don >edro 'odri("e* #t&, Ca$itol #ite, Ceb" Cit., as he has alwa.s lived in +alisa., Ceb" where his con/"(al home was sit"ated& As to the claim that his sli$$ers and em$t. $lastic water container were o"nd o"tside one o the rooms in the Fosa Com$o"nd, he contended that he "s"all. didn?t wear sli$$ers and, i he did, his sli$$ers were alwa.s le t at home and in his chambers& +here were man. cons"mers o mineral water in the $rovince o Ceb"D not onl. in +alisa. b"t also in Ceb" Cit.& He denied havin( an. dealin(s with +echie 6%a& +eresa7 Fosa o the Fosa Com$o"nd and "sin( the alias Hictorino +imol& Iith re(ards to the news item [1;] wherein !"d(e A(ana was 1"oted to have said that he was not even discreet abo"t his alle(ed illicit relationshi$, he believed this to be not tr"e beca"se !"d(e A(ana had never investi(ated him or an. wron(doin(& He denied that he was the one re erred to in the news item that came o"t in the #"n #tar #"$er Balita&[1:] He li0ewise denied that he and %a.delane +acaldo lived to(ether in +oledo Cit. where he was trans erred rom !"l. 199; to #e$tember 1999& Ihen he had to sta. overni(ht in +oledo Cit. he "s"all. sta.ed in the ho"se o his >rocess #erver, an Arth"r Camon((an& +he +acaldo amil. $"rchased the motor vehicle, +o.ota 'evo, as the. wanted to have a E or4hireE motor vehicle $l.in( Ceb" Cit. and +oledo Cit.& +he +acaldos re1"ested him, bein( a close riend, to have his name incl"ded in the re(istration o the motor vehicle& #ince he was a /"d(e in +oledo Cit., he co"ld hel$ the +acaldos (et a slot in the Coo$ %"lti4>"r$ose, a coo$erative that acce$ts motor vehicle "nits or $l.in( the +oledo, Balamban, and Ceb" Cit. ro"tes& As the re(istered owner o a motor vehicle, he was aware that i the vehicle i("red in an accident or there was a dama(e ca"sed to a third $art., he as the owner wo"ld be held res$onsible& He averred that he elt sa e beca"se the vehicle was ins"red& +ho"(h the car was ins"red it did not cover dama(es to third $arties& He was li0ewise aware that i there wo"ld be a oreclos"re o the chattel beca"se the chattel mort(a(e was not s" icient, or i the $romissor. note was not $aid, he wo"ld be held liable& He $"t himsel at ris0 beca"se he wanted to accommodate the +acaldos beca"se the. are ver. close amil. riends& +he down $a.ments or the $"rchase o the motor vehicle came rom the +acaldos& +he address at >& 'odri("e*, Fosa Com$o"nd, Ceb" Cit. was the address o %iss +acaldo& In some o the doc"ments, li0e the credit a$$lication s"bmitted be ore >CI 9easin( and the $romissor. note he e3ec"ted with the same com$an., he (ave his address as #an !ose Hilla(e, 9awaan =, +alisa., Ceb"& +he address in the Deed o #ale over the +o.ota 'evo, %odel 1999, was that o %iss +acaldo, not his& He and %a.delane +acaldo did not /ointl. own the motor vehicle, altho"(h it a$$ears on $a$er that it was re(istered in both their names b"t he had no hand in the $re$aration o the ins"rance $olic. nor o the $olic. sched"le& +h"s, he was not aware that his address was shown to be at Fosa Com$o"nd, Ca$itol #ite, Ceb" Cit.& He did not have it chan(ed as it was onl. d"rin( the hearin( that he irst saw the ins"rance $olic.&

+he name o %iss +acaldo a$$eared in the doc"ments as a ("arantee that the +acaldos have invested in said motor vehicle& In act, %iss +acaldo iss"ed several chec0s to ("arantee $a.ment o the balance o >=--,---&--& +he $lan to have the motor vehicle "nit $l. +oledo, Balamban to Ceb" Cit. was aborted beca"se a ter his s"s$ension, the vehicle was shown on television& +he +acaldo amil. was a raid that the motor vehicle mi(ht be involved in a case between him and the com$lainants& He denied havin( an illicit relationshi$ with %iss +acaldo& He stressed that his wi e had a $aramo"r as earl. as %arch 199: and he had told her that he wo"ld ile the corres$ondin( ad"lter. cases once he had s" icient evidence a(ainst her and her $aramo"r& And this he did& He iled 1= co"nts o ad"lter. cases a(ainst his wi e with the %"nici$al +rial Co"rt o Balamban, Ceb" and ,1 co"nts o ad"lter. be ore the A ice o the >rovincial >rosec"tor& All these cases, incl"din( the Declaration o N"llit. o %arria(e, were iled onl. a ter the Co"rt s"s$ended him on A"("st 1<, ,---& He denied maltreatin( his wi e& I he had beaten her, she wo"ld have been hos$itali*ed, as he has a bi((er b"ild than her& He was s" erin( rom Diabetes %ellit"s, +.$e II, and he was alread. ins"lin4 de$endent& He was dia(nosed with diabetes in 199,& As a diabetic, most o his vital or(ans were a ected, es$eciall. his se3"al ca$acit.& He was alread. se3"all. im$otent as earl. as 199=, when he was irst a$$ointed to the !"diciar.& His se3"al im$otenc. was com$lete and he co"ld not have se3 an.more& He was bein( treated or diabetes and se3"al im$otenc.& A medical certi icate iss"ed b. Dr& %an"el +ornilla, dated December 6, ,---, stated, amon( others, that !"d(e %arcos had been "nder his 6Dr& +ornilla7 medical $ro essional care since #e$tember 1<, 199< "$ to that time, and he has been diabetic since 199,, and was on maintenance medication& His wi e was "$set with his $h.sical condition b"t he co"ld not do an.thin( abo"t it beca"se his diabetes ca"sed his se3"al im$otenc.& In Civil Case No& CEB419;,<, a motion or inhibition was iled which was denied& In his order dated )ebr"ar. ,,, ,---, he denied the motion or reconsideration beca"se it was not tr"e that he was livin( in the $ro$ert. o Att.& Fosa& Ihile %a.delane +acaldo was $resent d"rin( the )"n '"n in Ceb" Cit., she was not with him& Chie !"stice Hilario B& Davide, !r& con ronted him and as0ed him whether %a.delane +acaldo had a /ob and whether he had a child with her& He re$lied that he didn?t 0now i she had a /ob and that he didn?t have a child with her& +he Chie !"stice told him, E+hat is bad or the /"diciar.&E Be ore he was able to e3$lain the Chie !"stice had alread. le t& +he Chie !"stice did not as0 him whether that woman who went there was with him& He did not see %a.delane +acaldo at the convention in !"ne 1996& He irst met her at a seminar o !"d(es at the $entho"se o the #an %i("el Cor$oration in %anda"e Cit.& #he was then the secretar. o !"d(e Hestil& He was a riend o %a.delane +acaldo?s ather& +he +acaldos lived somewhere near A*nar Colise"m b"t he had never visited their ho"se& +he Islacom #tatement o Acco"nt was mista0enl. sent to him, as it sho"ld have been sent to a certain 8r(ello& He didn?t have an acco"nt with Islacom& Neither did he have a cell $hone

altho"(h he had, at one $oint, entertained the idea o b".in( one& Ihen he went to the Islacom o ice re(ardin( the alle(edl. erroneo"s billin(, he did not as0 as to who the real acco"nt holder was& All he did was to e3ec"te an A idavit o 9oss, $er advice o Islacom& 'es$ondent admitted that a con rontation occ"rred between him& %a.delane +acaldo, the $arents o %a.delane, his wi e, and the brothers and sisters o his wi e beca"se o the Islacom #tatement o Acco"nt& He didn?t 0now i %a.delane +acaldo "sed the cell $hone beca"se d"rin( the con rontation, %iss +acaldo denied she had a cell $hone& +he ather o %a.delane also said he did not see his da"(hter with a cell $hone& %iss +acaldo e3$ressl. denied havin( an. relationshi$ with him& He also told the (ro"$ d"rin( the con rontation that he was not related to her, in an. wa.& Com$lainant4wi e insti(ated the con rontation& He never received the amo"nt o more than ><--,---&-- rom the sale o the +o.ota 'evo& +he b".er $aid >=--,---&-- loan to >CI and >,<-,---&-- to the +acaldos& Ie a(ree with and there ore "$hold the indin(s and concl"sions o !"stice 'om"lo C"imbo, as contained in his 'e$ort& Ie ind the details o his indin(s am$l. s"$$orted b. the evidence on record leavin( "s no do"bt in o"r minds that a ver. s$ecial relationshi$ e3isted between !"d(e )erdinand !& %arcos and %a.delane +acaldo 6a&0&a& %ae +acaldo7 4that their illicit relationshi$ started even be ore he se$arated rom his wi e 'otilla %arcos in 199;& Consider the ollowin( evidenceD +he Islacom #tatement o Acco"nt dated !"ne =, 1996 was addressed to !"d(e %arcos not in his con/"(al dwellin( at #an !ose villa(e, 9awaan =, +alisa. Ceb", b"t at 61< FA >& del 'osario E3t&, Ceb" Cit. that %rs& %arcos later discovered to be the residence o %a.delane +acaldo& Ihile !"d(e %arcos denied ownin( a cell $hone there is an im$robabilit. that Islacom wo"ld send a $hone bill to him i he were not the real owner thereo & #ervice $roviders li0e $hone com$anies rel. on the in ormation (iven b. the a$$licant desiro"s o its services& Islacom wo"ld not have sent !"d(e %arcos a #tatement o Acco"nt i he did not a$$l. or a $hone line nor sent it to an address he did not "rnish them& I he did not reall. own the cell $hone was it not e3$ected o him, bein( a /"d(e and all, to have stood his (ro"nd and insisted that as he did not own nor lose a cell $hone, it is $re$ostero"s o him to e3ec"te an A idavit o 9oss& %oreover, we ind it hard to believe that he wo"ld have been satis ied with an e3$lanation that the bill was erroneo"sl. sent to him witho"t raisin( hell, so to s$ea0, in indin( o"t the identit. o the Islacom em$lo.ee who was at a"lt, es$eciall. so when this #tatement o Acco"nt was the catal.st in the con rontation between him, his wi e 'otilla and %s& +acaldo& #omeone with the initials %&+& sent !"d(e %arcos or his birthda. on !"l. ;, 1996, the social tele(ram@birthda. card, b"t was delivered on !"l. <, 1996& +his $erson co"ld be %a.delane +acaldo or %onalila +ecson& Altho"(h !"d(e %arcos? Branch Cler0 o Co"rt has these initials we, as well as !"d(e %arcos, do not believe that she wo"ld send !"d(e %arcos a card with the (reetin( 4EIt is wonder "l to share m. li e with .o"&E 4and endin( it with 4E%+ cares a lot, .o" 0now&E Anl. a $erson who is tr"l. intimate with !"d(e %arcos wo"ld send s"ch a card&

Ie do not $"t an. tr"st in !"d(e %arcos?s denials that he had never seen said card& +he boo0 was o"nd t"c0ed between the $a(es o a law boo0 l.in( on to$ o his o ice table& He is the most lo(ical $erson to have inserted said card in the law boo0& +he Ban0ard #tatement o Acco"nt dated #e$tember 1-, 199; re lected that !"d(e %arcos bo"(ht, $res"mabl., /ewelr.@ies at the A(encia Nina M !ewelr., and (roceries at the Baisano %etro, and dined at Ca e 9a("na& %rs& %arcos denied receivin( /ewelr.@ies and dinin( o"t with !"d(e %arcos at the said resta"rant& #he testi ied that her da"(hter also did not receive /ewelr.@ies rom her ather& +he. also did not receive an. (roceries rom !"d(e %arcos, as he was no lon(er (oin( home then& Com$lainant %rs& 'otilla %arcos declared that she searched or the a$artment where her h"sband was sta.in(& Ihen she o"nd it she saw her h"sband?s sli$$ers and la"ndered clothes o"tside the $lace& Havin( been married to him or abo"t ,6 .ears she wo"ld have 0nown her h"sband?s $re erences as to wearin( a$$arel and $ersonal items, and wo"ld have been able to reco(ni*e them "$on seein( them& In Civil Case No& 19-;-, a motion or res$ondent to inhibit himsel was iled based on the act that he was residin( in one o the "nits in the Fosa Com$o"nd that belon(ed to Att.& Fosa, co"nsel or one o the $arties& Att.& Fosa, in his comment, did not cate(oricall. den. the alle(ation& Neither did res$ondent, in his Arder den.in( the motion, cate(oricall. den. the alle(ation& Altho"(h the Certi ication o +enant was "nsi(ned and did not cite !"d(e %arcos and %s& +acaldo as one o the tenants at Fosa Com$o"nd, the act that the. lived to(ether was a$$arent in the di erent doc"ments the. e3ec"ted $ertainin( to the +o.ota 'evo, or the address the. both (ave or these doc"ments was 'odri("e* #t&, Ca$itol #ite, Ceb" Cit.& Fosa Com$o"nd, b. the wa., is located at 'odri("e* #t&, Ca$itol #ite, Ceb" Cit.& Ie are not swa.ed b. the denials made b. res$ondent /"d(e that he and %s& +acaldo were the owners o a +o.ota 'evo& !"d(e %arcos and %s& +acaldo /ointl. bo"(ht a motor vehicle 4a +o.ota 'evo 4and had it re(istered in their names as co4owners& +he. obtained ins"rance or the same vehicle with them as /oint bene iciaries& +he. e3ec"ted a chattel mort(a(e over the same in avor o >CI 9easin( and )inance, Inc& and when the. inall. sold the same vehicle on #e$tember 1:, ,--- to Amina Advinc"la, the. both si(ned the Deed o #ale as /oint owners& +hese actions clearl. indicate that the. were the /oint owners o the +o.ota 'evo& Ie are li0ewise not $ers"aded b. the averment made b. !"d(e %arcos that he accommodated the +acaldos in their desire to (et a slot in the coo$erative beca"se the. are ver. close amil. riends& I the. are indeed close, it is s"r$risin( to hear that he had never been to the ho"se o the +acaldos& In act, he was not even s"re as to the e3act location o the +acaldo residence& 'es$ondent /"d(e wanted "s to believe that i his name was $"t in the motor vehicle?s re(istration, the +acaldos? entr. in the coo$erative?s b"siness o r"nnin( $"blic "tilit. vehicles wo"ld be ass"red& He went to e3traordinar. len(ths to hel$ the +acaldos b. havin( the vehicle re(istered in his and %s& +acaldo?s names&

+here is nothin( in the records to show that it was essential or res$ondent to be re(istered as an owner in order that the motor vehicle co"ld $l. the +oledo Cit. 4Ceb" Cit. ro"tes& A sim$le $hone call@oral re1"est b. !"d(e %arcos to the coo$erative o icers wo"ld have been s" icient, to o"r mind, to allow the +acaldos? entr. to the coo$erative b"siness o trans$ortin( $assen(ers& 'es$ondent?s $ost"re that %rs& %arcos is also ("ilt. o immoralit. does not e3c"se nor even miti(ate his actions& It is res$ondent?s $rivate action that is bein( investi(ated not his wi e?s& Ie cannot (loss over the incident that ha$$ened d"rin( the )"n '"n as reco"nted b. Chie !"stice Davide& !"d(e %arcos candidl. and ran0l. admitted to the Chie !"stice that he had been livin( with %s& +acaldo or the last three .ears as he was alread. se$arated rom his wi e& Brin(in( %s& +acaldo to $"blic "nctions was not in (ood taste considerin( that !"d(e %arcos was still ver. m"ch married even i he and his wi e 'otilla were alread. livin( se$aratel.& He had no ri(ht to la"nt %a.delane +acaldo as i she was his wi e& +his cond"ct is certainl. "nbecomin( o a /"d(e whose cond"ct m"st at all times be be.ond re$roach& As held in BA9ANB H#& #AN+A#,[19] the $ersonal behavior o a /"d(e sho"ld be ree rom the a$$earance o im$ro$riet., and his $ersonal behavior, not onl. in the bench and in the $er ormance o /"dicial d"ties, b"t also in his ever.da. li e, sho"ld be be.ond re$roach&

E+he Code o !"dicial Ethics mandates that the cond"ct o a /"d(e m"st be ree o a whi o im$ro$riet. not onl. with res$ect to his $er ormance o his /"dicial d"ties, b"t also to his behavior o"tside his sala and as a $rivate individ"al& +here is no dichotom. o moralit.D a $"blic o icial is also /"d(ed b. his $rivate morals& +he Code dictates that a /"d(e, in order to $romote $"blic con idence in the inte(rit. and im$artialit. o the /"diciar., m"st behave with $ro$riet. at all times& As we have ver. recentl. e3$lained, a /"d(e?s o icial li e cannot sim$l. be detached or se$arated rom his $ersonal e3istence& +h"sD Bein( the s"b/ect o constant $"blic scr"tin., a /"d(e sho"ld reel. and willin(l. acce$t restrictions on cond"ct that mi(ht be viewed as b"rdensome b. the ordinar. citi*en& A /"d(e sho"ld $ersoni . /"dicial inte(rit. and e3em$li . honest $"blic service& +he $ersonal behavior o a /"d(e, both in the $er ormance o o icial d"ties and in $rivate li e sho"ld be above s"s$icion&E [,-]
In 9EKNE# H#& HE9A#A,[,1] it was held that i (ood moral character is re1"ired o a law.er, with more reason is the re1"irement e3acted o a member o the /"diciar. who at all times is e3$ected to observe irre$roachable behavior and is bo"nd not to o"tra(e $"blic decenc.&
[,,]

Gee$in( a mistress is certainl. not an act one wo"ld e3$ect o a /"d(e who is e3$ected to $ossess the hi(hest standard o moralit. and decenc.& I a /"d(e ails to have hi(h ethical standards, the con idence and hi(h res$ect or the /"diciar. diminishes as he re$resents the /"diciar.& !"ris$r"dence is rich in cases where the Co"rt has in licted on /"d(es the $"nishment o dismissal or immoralit. es$eciall. when it is committed o$enl. and la(rantl., ca"sin( scandal in the $lace where his co"rt is sit"ated&

EIn D. +eban Hardware and A"to #"$$l. Co& vs& +a$"car 61-, I#C'A 59= [19:1]7, the Co"rt laid down the rationale wh. ever. /"d(e m"st $ossess moral inte(rit., th"sl.D

E+he $ersonal and o icial act"ations o ever. member o the /"diciar. m"st be be.ond re$roach and above s"s$icion& +he aith and con idence o the $eo$le in the administration o /"stice can not be maintained i a /"d(e who dis$enses it is not e1"i$$ed with the cardinal /"dicial virt"e o moral inte(rit. and i he obt"sel. contin"es to commit a ront to $"blic decenc.& In act, moral inte(rit. is more than a virt"e2 it is a necessit. in the /"diciar.&N [,=]
No $osition e3acts a (reater demand on the moral ri(hteo"sness and "$ri(htness o an individ"al than a seat in the /"diciar.& A ma(istrate o the law m"st com$ort himsel at all times in s"ch a manner that his cond"ct, o icial or otherwise, can bear the most searchin( scr"tin. o the $"blic that loo0s "$ to him as the e$itome o inte(rit. and /"stice&[,5] +he Co"rt once a(ain reminds all those who don /"dicial robes to maintain (ood moral character and at all times observe irre$roachable behavior so as not to o"tra(e $"blic decenc.&[,<] Herein res$ondent cannot ind com ort in the Ea idavit o desistanceE si(ned b. his wi e and children&

EBenerall., the Co"rt attaches no $ers"asive val"e to a idavits o desistance, es$eciall. when e3ec"ted as an a tertho"(ht 333& As held in >eo$le v& 8bina[,6]D It wo"ld be a dan(ero"s r"le or co"rts to re/ect testimonies solemnl. ta0en be ore the co"rts o /"stice sim$l. beca"se the witnesses who had (iven them later on chan(ed their mind or one reason or another2 or s"ch r"le wo"ld ma0e solemn trials a moc0er. and $lace the investi(ation o tr"th at the merc. o "nscr"$"lo"s witness6es7&E[,;]
A(ain, in the case o IM&IN$ (!. TION$!ON,[,:] the Co"rt once more held thatD

E+he act that com$lainant has lost interest in $rosec"tin( the administrative case a(ainst herein res$ondent /"d(e will not necessaril. warrant a dismissal thereo & Ance char(es have been iled, the #"$reme Co"rt ma. not be divested o its /"risdiction to investi(ate and ascertain the tr"th o the matter alle(ed in the com$laint& +he Co"rt has an interestin( the cond"ct o members o the !"diciar. and in im$rovin( the deliver. o /"stice to the $eo$le, and its e orts in that direction ma. not be derailed b. the com$lainantOs desistance rom "rther $rosec"tin( the case he or she initiated&N
!"d(e )erdinand !& %arcos has demonstrated himsel to be wantin( o moral inte(rit.& He has violated the code o !"dicial Cond"ct which re1"ires ever. /"d(e to be the embodiment o com$etence, inte(rit., and inde$endence and to avoid the a$$earance o im$ro$riet. in all activities as to $romote $"blic con idence in the inte(rit. and im$artialit. o the /"diciar.&

+he char(e o immoralit. $roven a(ainst res$ondent /"d(e demonstrates his "n itness to remain in o ice and contin"e to dischar(e the "nctions and d"ties o a /"d(e& Havin( tarnished the ima(e o the !"diciar., res$ondent m"st be meted o"t the severest orm o disci$linar. sanction 4 dismissal rom the service& )#ERE ORE, IN (IE) O T#E ORE$OIN$, res$ondent /"d(e )erdinand !& %arcos o the 'e(ional +rial Co"rt o Ceb" Cit. is DI#%I##ED rom the service, with $re/"dice to his reinstatement or a$$ointment to an. $"blic o ice incl"din( (overnment owned or controlled cor$orations, and or eit"re o his retirement bene its, i he is entitled to an.& +his decision is immediatel. e3ec"tor.& !O OR"ERE". Davide, Jr., C.J., Bellosillo, Puno, Vitug, Kapunan, Mendo a, Pardo, Buena, De !eon, Jr., and "andoval#$utierre , JJ., conc"r. Melo, J., in the res"lt& Pangani%an, &uisu'%ing, and (nares#"antiago, JJ., on o icial b"siness& $on aga#Re)es, J., on leave.

[1] [,] [=] [5] [<] [6] [;] [:] [9]

Rollo, $$& =45& *%id&, $&9& *%id., $$& 1=416& *%id&, $& 1;& *%id., $& 1:4,-& *%id&, $& ,92 E3hibit EIN& *%id&, $& =-2 E3hibit E,&N *%id&, $$& =:4=9& *%id&, $$& =45& *%id&, $& ==& E3hibit E+&E E3hibit EC&E E3hibit ED&E E3hibit E)&N E3hibit EB&E E3hibit EH&E E3hibit EG&E E3hibit E%&E =-; #C'A <:, [1999]&

[1-] [11] [1,] [1=] [15] [1<] [16] [1;] [1:] [19]

[,-] [,1] [,,] [,=] [,5] [,<] [,6] [,;] [,:]

Castillo vs. Calano(, !r&, 199 #C'A ;< [1991]& :, #C'A =,< [19;:]& Castillo vs. Calano(, !r&, 199 #C'A ;<,:; [1991]& +alens4Dabon vs& Arceo, ,<9 #C'A =<5, =6; [1996]& Cortes vs& A(caoili, ,95 #C'A 5,= [199:]& Naval vs. >anda., =,1 #C'A ,9- [1999]& 9; >hil& <1< cited in >9D+ vs& N9'C, 1<, #C'A ;-,, ;-; [19:;] and >eo$le vs& Balicia, 1,= #C'A <<6 [19:=]& Castillo vs. Calano(, 199 #C'A ;< [1991]& ,,9 #C'A 691 [1995]&