PEDRO ODAYAT, COMPLAINANT, VS. DEMETRIO AMANTE, RESPONDENT.

In a verified amended letter-complaint dated March 10, 1973,^[1]
Pedro Odayat charged Atty. Demetrio
Z. Amante Clerk of Court, Court of First Instance,
Branch IX, Basey, Samar;
with oppression, immorality and falsification of a public document.^[2]

Briefly stated, complainants basic allegations are:  (1) that respondent grabbed a portion of
complainant’s land, and, when the 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 he
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,^[3]
which was considered as his answer to the amended com­plaint, this Court, in
its minute resolution of July 16, 1974,^[4]
referred this Administrative Matter No. P-58 to the Executive Judge of the Court of First Instance, Branch I,
Catbalogan, Samar,
for investigation, report and recommendation, and the matter was docketed
therein as Administrative Case No. 264. 
The charges were investigated by District Judge Segundo M. Zosa of said Court. 
After appro­priate proceedings, Judge Zosa
submitted to this Court his Report and Recommendation dated December 3, 1974.^[5]

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.^[6]

Hence, the scope of the investigation by Judge Zosa is limited to the other two charges.

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;^[7]
that they had one son, who was born on August 23, 1949 and baptized on October
1, 1949 by the name of Romeo Amante, in the Sto. Niño Church, Tacloban City, by Rev. Fr. Magdaleno
Agnes;^[8]
that he came to know Filomena Abella,
who is a native of Sta. Rita, Samar, only after her
marriage to the respondent when they took up their residence for five years in Basey, Samar; that he did not
know if Filomena Abella was
still single when she married the respondent; that long before he filed his com­plaint
against respondent on March 10, 1973, he came to know that the respondent and
one Beatriz Jornado were living as husband and wife
in Basey, Samar; that they
had several children, two of whom are Maria Felisa J.
Amante, who was born on April 12, 1967, as per
certified true copy of the Certi­ficate of Birth of said child,^[9]
duly signed and issued on May 7, 1973 by Perfecto Cabuquit,
the Local Civil Registrar,^[10]
and Alma Amante y Jornada, who
was born on April 8, 1965 and baptized on July 5, 1965, as per Certificate of Baptism, duly signed and issued
on March 6, 1973 by the Parish
Priest, Rev. Fr. Jose M. Lentejas;^[11]
and that one of the reasons why he filed his complaint against res­pondent was because of their land
dispute.

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.^[12]  He also admits that he has been living with
Beatriz Jornada, whom he mar­ried on April 4, 1964 during a religious revival in Almagro, Samar,
before Rev. Fr. John Belly, a Fran­ciscan Missionary,^[13]
and with whom he begot six (6) children.^[14]
Respondent, however, claims he was coerced into marrying Filomena
Abella, unaware that she was already married to
another man, and that they separated in 1949 after Filomena
Abella told him of her previous marriage; that from
1949 to 1964, the respondent did not hear or receive any communication from Filomena Abella, much less knew
of her whereabouts.

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^[15]
attesting that, in accordance with the Register of Marriages in his office, Filomena Abella was married to one Eliseo
Portales on February 16, 1948.  Respondent’s con­tention is that his marriage
with Filomena Abella was
void ab initio, because of her previous marriage
with said Eliseo Portales.

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 void ab initio under Article 80[4] of the New Civil
Code, and no judicial decree is necessary to establish the invalidity of void
marriages.^[16]

3. Falsification of a public document. – The Investigator
found that the complainant failed to prove this charge.  Contrary to the allegation of the
complainant, the document in question,^[17]
shows that the respondent actually- placed in “Item 6.  Civil Status” therein the word
“Married”.^[18]

In view of the foregoing, We find that the recommendation of the
Investigator is in accordance with law and the evidence on record.

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.

Concepcion, Jr. J., on leave.

^[1]
This amended letter-complaint was addressed to the Secretary of Justice,
Manila, and the latter forwarded the same to this Court, pursuant to
Presidential Decree No. 185.

^[2]
Exhibit “A”, p. 1, Folder of Exhibits.

^[3]
SC Rollo, pp. 7-8.

^[4]
Ibid., p. 17.

^[5]
Ibid., pp. 38-46.

^[6]
T.s.n.-Rojas, Session of August 26, 1974, pp. 3-4.

^[7]
Exhibit “B”, certified true copy of the Marriage Contract, duly
signed and issued on December 13, 1972 by
Dr. Hermilo Quintero, City Health Officer and
Local Civil Registrar (Exhibit “B-1”).

^[8]
Exhibit “C”, certified true copy of the Baptismal Certifi­cate of
Romeo Amante, duly signed and issued on August 6, 1974 by Rev. Fr. Honorio Ayuyao Pastor (Exhibit “C-2”) and by Gil Ramon J.
Abug, Parish Clerk (Exhibit “C-3”).

^[9]
Exhibit “D”.

^[10]
Exhibit “D-1”.

^[11]
Exhibit “E”.

^[12]
Exhibit “B”, p. 3, Folder of Exhibits; Respondent’s Comment, p. 7, SC Rollo;
t.s.n.-Cabelis, Session of October 28, 1974, p. 28.

^[13]
T.s.n..-Cabelis, Session of October 28, 1974, pp.
21-24.

^[14]
Ibid., p. 30.

^[15]
Exhibit “2”, p. 10, Folder of Exhibits.

^[16]
People v. Aragon, 100 Phil. 1033;
People v. Mendoza, 95 Phil. 845.

^[17]
Exhibit “1-b”.

^[18]
Exhibit “1-a”.