Saturday, March 22, 2014

Abanag v.Mabute, A.M. No. P-11-2922, April 4, 2011

FACTS: In her verified letter-complaint dated September 19, 2003, the complainant, a 23-year old unmarried woman, alleged that respondent courted her and professed his undying love for her. Relying on respondent’s promise that he would marry her, she agreed to live with him. She became pregnant, but after several months into her pregnancy, respondent brought her to a “manghihilot” and tried to force her to take drugs to abort her baby. When she did not agree, the respondent turned cold and eventually abandoned her. She became depressed resulting in the loss of her baby. She also stopped schooling because of the humiliation that she suffered. These allegations were denied by the respondent, a court stenographer, and claimed that the charges against him were baseless, false and fabricated, respondent and alleged that those were intended to harass him and destroy his reputation.

ISSUE: Whether the acts of respondent is considered as disgraceful or immoral conduct.


HELD: SC ruled that the acts complained of cannot be considered as disgraceful or grossly immoral conduct. Mere sexual relations between two unmmaried and consenting adults are not enough to warrant administrative sanction for illicit behavior. The Court has repeatedly held that voluntary intimacy between a man and a woman who are not married, where both are not under any impediment to marry and where no deceit exists, is neither a criminal nor an unprincipled act that would warrant disbarment or disciplinary action. While the Court has the power to regulate official conduct and, to a certain extent, private conduct, it is not within our authority to decide on matters touching on employees’ personal lives, especially those that will affect their and their family’s future.  We cannot intrude into the question of whether they should or should not marry.

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