G.R. No. A.M. No. MTJ-91-595. February 7, 1994.
PRISCILLA IMBING, complainant, vs. JUDGE BENJAMIN C. TIONGSON, Metropolitan Trial Court, Branch 5, Manila, respondent.

FACTS

Complainant Priscilla Imbing, in a sworn letter-complaint endorsed to the Office of the Court Administrator, charged respondent Judge Benjamin C. Tiongson with abandonment and non-support of their two children, Anna Freya (born September 19, 1982) and Benjamin, Jr. (born December 6, 1983). She alleged that she and respondent were married on November 1, 1981, according to Subanen tribal customs in Lapuyan, Zamboanga del Sur, solemnized by tribal chief Lantay Imbing. They lived together until respondent, assigned to Manila, abandoned them for another woman, forcing complainant to return to Zamboanga del Sur with the children due to lack of financial support. She sought a monthly deduction of P5,000 from respondent’s salary and a portion of his retirement benefits for the children’s education. Supporting documents included affidavits from the tribal chief and witnesses, baptismal and birth certificates, and photographs.
In his comment, respondent denied marrying complainant, asserting it was publicly known she had a husband and child at the time of the alleged marriage. He acknowledged paternity of Anna Freya but denied being the father of Benjamin, Jr., claiming separation from complainant in January 1983 and alleging she cohabited with other men thereafter. He contended he had been providing P1,000 monthly support for Anna Freya and deemed the demanded support excessive. Complainant later submitted a letter of desistance, citing a settlement, but the Court proceeded with the investigation due to subsequent telegrams from complainant alleging threats from respondent. An investigation was conducted, during which complainant confirmed her desistance and declined to give a deposition.

ISSUE

Whether respondent Judge Benjamin C. Tiongson is administratively liable for gross immorality based on the evidence presented.

RULING

Yes, respondent is guilty of gross immorality. The Court found that respondent openly admitted to fathering a child, Anna Freya, with a woman not his lawful wife, as evidenced by his signature on her birth certificate. This conduct, coupled with his attempt to evade responsibility and the suspicious circumstances surrounding complainant’s desistance (including allegations of threats), violated the Code of Judicial Ethics, which requires judges to uphold integrity and propriety in both public and private life. The Court emphasized that a judge’s personal behavior must be beyond reproach to maintain public confidence in the judiciary. Respondent’s actions constituted gross immorality, warranting dismissal from service.
Respondent Judge Benjamin C. Tiongson is DISMISSED from service, with cancellation of eligibility, forfeiture of leave credits and retirement benefits, and disqualification from reemployment in government service, without prejudice to criminal or civil liabilities. He is ordered to cease all judicial functions immediately upon receipt of the decision. The disposition is without prejudice to respondent’s legal obligation to provide continuing support to Anna Freya.