APIAG V CANTERO

Administrative Matter in the Supreme Court. Gross Misconduct and Falsification of Public Documents

February 12, 1997

Complainants: Maria Apiag (Wife of respondent in first marriage), Teresita Cantero Securom and Glicero Cantero (Children of Maria and respondent)

Respondent-judge: Judge Esmeraldo G. Cantero

FACTS:

Maria Apiag and Esmeraldo Cantero were married on August 11, 1947. This marriage bore two children, Teresita and Glicero (complainants)

Esmeraldo Cantero abandoned his wife and children in Hinundayan, Southern Leyte. Respondent-judge resurfaced in Hinundayan, the complainants begged for support but he

ignored their please. On September 21, 1993 the complainants wrote a letter to the respondent-judge as formal

demand for maintenance and support and also to be named the respondent-judge’s compulsory heirs and legal beneficiaries.

The complainants learned that respondent-judge had contracted another marriage with Nieves C. Ygay and they had 5 children.

In a letter complaint dated Nov. 10, 1993, complainants charged Esmeraldo Cantero with gross misconduct for bigamy and falsification of public documents (for misrepresenting himself as married to Nieves Ygay).

In his comment, respondent Judge claimed:o His marriage with Apiag was invalid because it was done in jest and without his consent

freely given, alleging that we was only called tome by his parents to attend his sister’s wedding but he later found out that he was made to appear in a drama marriage and was forced to acknowledge their signatures in the marriage contract.

o They had an affair which resulted to the pregnancy. And he allegedly got married with the complainant to “save name and shame”. After said marriage, they separated without living together as husband and wife.

o The respondent Judge also mentioned that Apiag was living another man. o He didn’t file annulment or judicial declaration because he believed that the marriage

was void from the beginning. March 1994, the two parties had an agreement that Teresita will get part of retirement benefits

from GSIS, be a beneficiary and inherit properties in case of respondent’s death, and receive monthly support of P4,000 on the condition that they withdraw and dismiss the case filed in the Supreme Court. The complainants followed through with the charges.

ISSUES

1. WN respondent Judge committed gross misconduct in abandoning his family, contracting into another marriage without annulment or judicial declaration of nullity, falsification of documents

2. WN his marriage with Nieves Ygay in spite of the fact that there was no annulment judicial declaration of nullity of his first marriage.

Resolution

1. NO. Gross misconduct is not applicable because misconduct pertains to actions which affect the performance of his duties as an officer and not as a private individual.

2. YES. The marriage in question was celebrated before the promulgation of Wiegel v Sempio-Diy and the effectivity of Article 40 of the NCC both of which provides that there be judicial declaration of nullity before remarriage. Odayat v Amante which provides that no judicial decree is needed to establish void marriages is more appropriate for this case. The charge of Falsification of documents will not prosper as well since bigamy was disproved.

3.

PETITION DISMISSED.