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[A.M. No. P-02-1656.
DEFONTORUM vs. DEFONTORUM
SECOND DIVISION
Gentlemen:
Quoted hereunder, for your information, is a resolution of this
Court dated
A.M. No. P-02-1656 (Norma A. Defontorum vs. Floro O. Defontorum, Process Server, RTC, Branch 54, Alaminos City, Pangasinan.)
RESOLUTION
Considering the Report dated
The records disclose that in a Sworn Letter-Complaint dated
Required to comment, respondent Floro O. Defontorum vehemently denied the material allegations in the complaint. He claimed that there was only a misunderstanding between him and the complainant which has already been patched up. According to respondent, complainant was misled by rumors of unscrupulous and jealous persons who were trying to destroy their family. He likewise categorically denied having abandoned his family and having a "hostess" as a live-in partner and branded the allegations in the complaint as mere speculations and conjectures lacking in factual basis.
On 9 January 2002, this Office received a letter of desistance dated 18 December 2001 from Norma A. Defontorum completely belying the allegations in her complaint.
The Honorable Court, on 02 December 2002 resolved to refer the complaint to the Executive Judge of RTC, Alaminos City for investigation, report and recommendation.
In his report dated 16 May 2003, Executive Judge Mejia recommended the exoneration of respondent. His bases were the following: complainant's recantation of the material allegations in her complaint and admission that she was only misled by rumors; complainant's declaration that the certification on the matter that she secured from the Office of the Punong Barangay of Bued, Alaminos City was issued by way of political accommodation as she is a prot�g� of the barangay captain being the latter's campaigner and that the facts certified to by the barangay captain were just supplied and dictated by her; and the testimony of Enrique Biazon, Jr., Barangay Captain of Bued (who issued a certification that allegedly respondent is living with his live-in partner at Poblacion, Alaminos City) that the contents of the Certification he issued is not of his personal knowledge but was orchestrated by complainant herself.
In a Resolution dated 24 September 2003, the Honorable Court resolved to refer back the case to Executive Judge Jules A. Mejia for a more thorough investigation on the alleged immorality of respondent for living with a woman of ill repute under scandalous circumstances.
In order to aid the court's investigation, Executive Judge Mejia issued on 28 October 2003 separate orders addressed to the Chief of the National Bureau of Investigation, Dagupan City and to Ms. Denisa Cristino, Social Welfare Officer II of the court directing them to conduct a "crypto investigation" whether respondent is living under scandalous circumstances with a certain Bella Canlas and to submit their report thereon within a period of thirty days from receipt thereof.
The established facts, as quoted from the Report dated 29 December 2003 of Executive Judge Mejia, are as follows:
"Based on the Case Report submitted by Special Agent Philip V. Pecache of the National Bureau of Investigation, Dagupan City, Pangasinan. which was received by this Court on December 10, 2003, respondent Floro O. Defontorum in the seventies married Norma Arnaiz who hailed from Polopondan, Negros Occidental (both husband and wife could no longer remember the exact date), blessed with six children, three girls and three boys, the-eldest is 36 years old and all except one are married; finished high school in 1962 at the Alaminos National High School; went to Manila and worked as "kargador" in the pier for about two years then he moved to Divisoria, Manila to work as a helper in 1965. In the eighties he worked as a carpenter in Malaca�ang where they repaired the Maharlika building. After that, he worked as a driver for an employer who usually travels the Back-ran - Dagupan route. In 1987, respondent was employed as a Utility Worker in the Alaminos RTC under Judge Corpuz until the year 2000 when he was promoted as a Process Server up to the present.
Respondent lived with his family in their conjugal home until 1993 when his sister Ligaya Defontorum Caracas requested him to stay at her place in Poblacion, Alaminos City, Pangasinan in order to oversee and guard her (sic) sister's business establishment (which is divided into a poultry feeds store on one side and an eatery on the other side) at nighttime because (sic) her sister goes to her (sic) house in Bued, Alaminos City at night as during that time, there was a rumor that arson is likely to happen at the marketplace where her (sic) sister's store is located. Her (sic) sister employs a cook named Bella Canlas who has also been staying in the canteen since 1993.
The report likewise reveals that respondent Floro and complainant Norma 'Defontorum has (sic) already been separated when the former started staying in the marketplace from 1993, but he has been religiously giving part of his salary to her for the support and sustenance of his children who lives (sic) with her after they separated and respondent allegedly has not been neglectful of his responsibility to his children despite the fact that he stays in another house.
According to complainant, there was a time when one Primo Legaspi, a former co-employee of herein respondent who was dismissed from government service for illegal activities, approached her and told her that respondent has been promoted to the position of process server so she should demand for a bigger allowance from him Instigated as such, she demanded for a higher allowance but respondent allegedly did not heed to (sic) her demands which eventually prompted her, with the prodding of Legaspi to write a letter-complaint to the Supreme Court as a leverage to force Flora to give her a bigger allowance and used as a basis the unfounded rumors (sic) that respondent is living in with a woman of ill repute under scandalous circumstances. Complainant also personally admitted that she was only instigated to write a letter-complaint, that she did not really intend to do so, and that she is no longer interested to file any complaint against him. She even said that her husband is a good man and has never been negligent of his responsibility.
Interview conducted by SA Philip Pecache on Lando Peralta (owner of a canteen located in front of the house where respondent stays), Eufemia Soriano (sidewalk vendor), Diosdado Rabadon, and Teddy Rabaya (owner of an establishment in the Poblacion area) gathered no derogatory remarks against respondent, in fact they all vouched for his good moral character.
Record check results made on respondent disclosed no criminal or derogatory record.
No evidence was gathered in the course of investigation to prove that subject is living in with Bella Canlas. The presumption was issued by complainant only to gain leverage for her want of higher allowance but such presumption could not be supported by adequate proof.
SA Pecache strongly recommends that the case against the respondent be considered closed and terminated for being unfounded insofar as his investigation is concerned.
On the report submitted by Ms. Denisa Cristino, Social Welfare Officer II of the Court, she said that information she had gathered revealed that respondent Floro Defontorum and his wife Norma Defontorum separated since 1993 but their relationship went on smoothly even if complainant had to work as a helper in one of the establishment in the City to augment the alleged inadequate support and sustenance their children get from the respondent. But when allegedly she learned of the promotion of the respondent without giving her additional support for his family despite repeated demands, prompted her to file a letter-complaint with the Supreme Court and used Bella Canlas to have a stronger case against her husband but she disclosed during the investigation that she has nut really proven whether respondent and Bella Canlas are living in as husband and wife.
Denisa Cristino likewise interviewed respondent's sister he is staying with, who revealed that it is allegedly hard to believe that Bella is the mistress of her brother because Bella is much older than her brother. She also averred that she would be the first person to know and if they do have an affair she would immediately terminate Bella as her cook because she firmly believe that such illicit relationship will do no good to her business.
Respondent Floro likewise vehemently denied having special attachment with Bella and further claimed that his income is not sufficient to support another woman and admitted that he is not able to suffice (sic) all the needs of his family."
Based on the foregoing findings, Executive Judge Mejia recommended the dismissal of the case, declaring that his former findings and the separate findings of the National Bureau of Investigation and the Social Welfare Officer of the Court whose assistance were requested by him to aid the court in its thorough investigation are insufficient to support the administrative charge of immorality against respondent. Judge Mejia noted in his findings that the main purpose of complainant in filing the complaint was her desire to receive higher allowance from respondent and not really because the latter was living in with a woman of ill repute under scandalous circumstances.
With respect to the Certification issued by Barangay Captain Enrique Biazon, Sr., Judge Mejia gave credence to the latter's testimony that the same was issued by reason of political accommodation considering that complainant is his prot�g� and that the facts certified to by him were supplied and dictated by the complainant since he has no personal knowledge as to the facts he certified to.
Studying the entire record of the case, the undersigned is convinced that the findings and recommendation of the Investigating Judge are adequately supported by the evidence presented during the course of the investigation.
The reports of Special Agent Philip V. Pecache of the National Bureau of Investigation and Social Welfare Officer II Denisa Cristino that no evidence was gathered during the course of their investigation to prove that respondent is living in with Bella Canlas, coupled with complainant's categorical recantation of her allegations in the complaint and her declaration that she has no concrete evidence to prove the charge as she was just misled by rumors lead to the conclusion that respondent Floro Defontorum is not liable for the act complained of.
IN VIEW OF THE FOREGOING, the undersigned respectfully recommends, for the consideration of the Honorable Court, that the instant administrative case be DISMISSED for lack of merit.
and finding the evaluation and recommendation thereon to be in accord with law and the facts of the case, the Court hereby approves and adopts the same.
ACCORDINGLY, the administrative complaint against Floro O. Defontorum is DISMISSED .
SO ORDERED.
Very truly yours,
(Sgd.) LUDICHI YASAY-NUNAG
Clerk of Court
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