A.M. No. 58 - JUNE 1977 - PHILIPPINE JURISPRUDENCE CASE NUMBERCASE TITLE A.M. No. 58June 2, 1977 Pedro Odayat vs. Demetrio Amante G.R. No. L-26998June 3, 1977 Consolidated Philippines , Inc. vs. Darimico Employees Union-Fur G.R. No. L-27127June 7, 1977 Wise & Co., Inc. vs. Customs Arrastre Serv. G.R. No. L-37507June 7, 1977 People of the Phil vs. William Page G.R. No. L-27798June 15, 1977 Union Carbide Philippines Inc. vs. M'la Railroad Co. A.M. No. 222-JJune 20, 1977 The Secretary of Justice vs. J. Jose C. Borromeo G.R. Nos. L-24646 & L-24674June 20, 1977 Faustina Callanta vs. Felipe Villanueva G.R. No. L-25605June 20, 1977 Fernando Mapa III vs. Crispina Guanzon G.R. No. L-27927June 20, 1977 Bonifacio Sagarino vs. Inocentes Pelayo G.R. No. L-33534June 20, 1977 Dominador De Los Reyes vs. Benguet Consolidated, Inc., Bci Employees G.R. No. L-45475June 20, 1977 Kapisanan Ng Mga Manggagawa Sa La Suerte Foitaf vs. Carmelo C. Noriel G.R. No. L-45667June 20, 1977 Manuel Borja vs. Rafael T. Mendoza G.R. No. L-27614June 29, 1977 Edelburgo Cheng vs. Lim Tian Kee A.M. No. 319June 30, 1977 Fermin Acosta vs. Ruben Magtoto A.M. No. 502-MJJune 30, 1977 Salvador Veloso vs. Godofredo Carmona A.M. No. 1019June 30, 1977 Benjamin J. Soto vs. Ruben B. Lacre G.R. No. L-21036June 30, 1977 Commissioner of Customs vs. Gaudencio Cloribel G.R. No. L-23623June 30, 1977 Acting Com. of Customs vs. Mla. Electric Comp. G.R. No. L-32728June 30, 1977 People of the Phil vs. Victoria R. Vallarta G.R. No. L-42617June 30, 1977 Leonida Romero vs. Workmens Compensation Com. G.R. No. L-43382June 30, 1977 Leonora Vda. De Cabarubias vs. Workmens Compensation Com. G.R. No. L-43572June 30, 1977 Catalina Evangelista vs. Workmens Compensation Com. G.R. No. L-44123June 30, 1977 Basilisa Ybañez vs. Workmens Compensation Commission G.R. No. L-44763June 30, 1977 Tomas U. Soliven vs. Workmens Compensation Commission G.R. No. L-45428June 30, 1977 Gavino Marquez vs. Court of Appeals The Lawphil Project - Arellano Law Foundation, Inc. Pedro Odayat vs. Demetrio Amante Consolidated Philippines , Inc. vs. Darimico Employees Union-Fur Wise & Co., Inc. vs. Customs Arrastre Serv. People of the Phil vs. William Page Union Carbide Philippines Inc. vs. M'la Railroad Co. The Secretary of Justice vs. J. Jose C. Borromeo Faustina Callanta vs. Felipe Villanueva Fernando Mapa III vs. Crispina Guanzon Bonifacio Sagarino vs. Inocentes Pelayo Dominador De Los Reyes vs. Benguet Consolidated, Inc., Bci Employees Kapisanan Ng Mga Manggagawa Sa La Suerte Foitaf vs. Carmelo C. Noriel Manuel Borja vs. Rafael T. Mendoza Edelburgo Cheng vs. Lim Tian Kee Fermin Acosta vs. Ruben Magtoto Salvador Veloso vs. Godofredo Carmona Benjamin J. Soto vs. Ruben B. Lacre Commissioner of Customs vs. Gaudencio Cloribel Acting Com. of Customs vs. Mla. Electric Comp. People of the Phil vs. Victoria R. Vallarta Leonida Romero vs. Workmens Compensation Com. Leonora Vda. De Cabarubias vs. Workmens Compensation Com. Catalina Evangelista vs. Workmens Compensation Com. Basilisa Ybañez vs. Workmens Compensation Commission Tomas U. Soliven vs. Workmens Compensation Commission Gavino Marquez vs. Court of Appeals The Lawphil Project - Arellano Law Foundation, Inc.
Manila
EN BANC
A.M. No. 58 June 2, 1977
PEDRO ODAYAT,complainant,
vs.
DEMETRIO AMANTE,respondent.
ANTONIO,J.:
In a verified amended letter-complaint dated March 10, 1973,
Briefly stated, complainant's basic allegations are: (1) that respondent grabbed a portion of complainant's land, and, when this latter resented, the former arrogantly challenged the complainant to bring the matter to court; (2) that respondent is cohabiting with one Beatriz Jornada, with whom he begot many children, even while his spouse Filomena Abella is still alive; and (3) that respondent, although married, falsely represented his status as single in the information sheet be submitted in connection with his appointment to his present position as Clerk of Court.
After respondent Demetrio Amante had submitted his letter-comment dated April 24, 1973,
1.Oppression.— In the course of formal investigation on August 26, 1974 before Judge Zosa, complainant acquiesced to the dropping of this charge of oppression against respondent, inasmuch as the issue involved therein refers to a boundary dispute between the complainant and the respondent and admittedly being more properly a cause for a civil action.
2.Immorality.— To prove this charge of immorality against respondent, complainant Pedro Odayat testified and presented Exhibits "A" to "E", to the effect that respondent and Filomena Abella were married in Tacloban City on October 16, 1948 before Judge Eugenio Brillo (then Justice of the Peace of Tacloban, Leyte;
On the other hand, respondent Demetrio Amante testified, in his behalf, and presented Atty. Demosthenes Duquilla, as well as Exhibits "1" and "2". Respondent admits his marriage with Filomena Abella on October 16, 1948.
To rebut the charge of immorality, respondent presented in evidence the certification dated September 12, 1974 of David C. Jacobe, the Local Civil Registrar of Pateros, Rizal
The Investigator finds for the respondent and recommends his exoneration from this charge. Indeed, there is no question that Filomena Abella's marriage with the respondent was voidab initiounder Article 80 [4] of the New Civil code, and no judicial decree is necessary to establish the invalidity of void marriages.
3.Falsification of a This document.— The Investigator found that the complainant failed to prove this charge. Contrary to the allegation of the complainant, the document in question,
In view of the foregoing, We find that the recommendation of the Investigator is in accordance with law and the evidence on record.ℒαwρhi৷
WHEREFORE,respondent Demetrio Amante is hereby exonerated from the charges filed against him by complainant. Let a copy of this decision be attached to his personal record,
Castro, C.J., Fernando, Teehankee, Barredo, Makasiar, Muñoz-Palma, Aquino and Martin, JJ., concur.
Footnotes