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Persons Case Digest: Abadilla v. Tabiliran Jr. A.M. No. MTJ-92-716 October 25, 1995

ABADILLA  v. TABILIRAN, JR.
A.M. No. MTJ-92-716 October 25, 1995.

FACTS:
Ø  Administrative case filed by Ma. Blyth B. Abadilla, a Clerk of Court of respondent, Judge Jose C. Tabiliran, Jr.
Ø  Abadilla, in respect to the charge of gross immorality on the part of the respondent, contends that respondent had scandalously and publicly cohabited with a certain Priscilla Q. Baybayan during the existence of his legitimate marriage with Teresita Banzuela.
Ø  Respondent caused to be registered as "legitimate", his three illegitimate children with Priscilla Baybayan.
ISSUE:
W/N his three illegitimate children with Priscilla Baybayan may be legitimated.

HELD: Court finds respondent guilty of gross immorality, deceitful conduct and corruption and, consequently, orders his dismissal from the service. Such dismissal shall carry with it cancellation of eligibility, forfeiture of leave credits and retirement benefits, and disqualification from re-employment in the government-service, all without prejudice to criminal or civil liability.
NO. 
An examination of the birth certificates of respondent's three illegitimate children with Priscilla Baybayan clearly indicate that it was respondent who caused the entry therein. It is important to note that these children were born prior to the marriage of respondent to Priscilla. As a lawyer and a judge, respondent ought to know that, despite his subsequent marriage to Priscilla, these three children cannot be legitimated nor in any way be considered legitimate since at the time they were born, there was an existing valid marriage between respondent and his first wife, Teresita B. Tabiliran. The applicable legal provision in the case at bar is Article 269 of the Civil Code of the Philippines (R.A. 386 as amended) which provides:
Art. 269. Only natural children can be legitimated. Children born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other, are natural.
Legitimation is limited to natural children and cannot include those born of adulterous relations (Ramirez vs. Gmur, 42 Phil. 855). The Family Code: (Executive Order, No. 209), which took effect on August 3, 1988, reiterated the above-mentioned provision thus:
Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated.
The reasons for this limitation are given as follows:
1) The rationale of legitimation would be destroyed;
2) It would be unfair to the legitimate children in terms of successional rights;
3) There will be the problem of public scandal, unless social mores change;
4) It is too violent to grant the privilege of legitimation to adulterous children as it will destroy the sanctity of marriage;
5) It will be very scandalous, especially if the parents marry many years after the birth of the child. (The Family Code, p. 252, Alicia v. Sempio Diy).