APIAG V CANTERO
Administrative Matter in the Supreme Court. Gross Misconduct and Falsifcation o Public Documents February 1! 1""# Complainants$ Maria Apia% &'ie o respondent in frst marria%e(! )eresita Cantero Securom and Glicero Cantero &Children o Maria and respondent( *espondent+,ud%e$ -ud%e smeraldo G. Cantero
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Maria Apia% and smeraldo Cantero /ere married on Au%ust 11! 1"0#. )his marria%e bore t/o children! )eresita and Glicero &complainants( smeraldo Cantero abandoned his /ie and children in inundayan! Southern 2eyte. *espondent+,ud%e resuraced in inundayan! the complainants be%%ed or support but he i%nored their please. 3n September 1! 1""4 the complainants /rote a letter to the respondent+ ,ud%e as ormal ormal demand or maintenance and and support and and also to be named the respondent+,ud%e5s respondent+,ud%e5s compulsory heirs and le%al benefciaries. benefciaries. )he complainants complainants learned that respondent+,ud%e respondent+,ud%e had contracted contracted another marria%e /ith 6ieves C. 7%ay and they had 8 children. 9n a letter complaint dated 6ov. 1:! 1""4! complainants char%ed smeraldo Cantero /ith %ross misconduct or bi%amy and alsifcation o public documents &or misrepresentin% himsel as married to 6ieves 7%ay(. 9n his comment! respondent -ud%e claimed$ o is marria%e /ith Apia% /as invalid because it /as done in ,est and /ithout his consent reely %iven! alle%in% that /e /as only called tome by his parents to attend his sister5s /eddin% but he later ound out that he /as made to appear in a drama marria%e and /as orced to ac;no/led%e their si%natures in the marria%e contract. )hey had an a
. Ater said marria%e! they separated /ithout livin% to%ether as husband and /ie. o )he respondent respondent -ud%e also also mentioned that that Apia% /as livin% another another man. o e didn5t fle annulment or ,udicial declaration because he believed that the marria%e /as void rom the be%innin%. March 1""0! the t/o parties had an a%reement that )eresita /ill %et part o retirement retirement benefts rom GS9S! be a benefciary and inherit properties in case o respondent5s death! and receive monthly support o P0!::: on the condition that they /ithdra/ and dismiss the case fled in the Supreme Court. )he complainants complainants ollo/ed throu%h throu%h /ith the char%es. char%es.
9SS?S 1. '6 respondent -ud%e committed %ross misconduct in abandonin% his amily! contractin% into another marria%e /ithout annulment or ,udicial declaration o nullity! alsifcation o documents . '6 his marria%e /ith 6ieves 7%ay in spite o the act that there /as no annulment ,udicial declaration o nullity o his frst marria%e. *esolution 1. 63. Gross misconduct is not applicable because misconduct pertains to actions /hich a
