G.R. No.: A.M. No. P-11-3011; December 16, 2011 (Formerly OCA IPI No. 09-3143-P)
Case Title: EVELINA C. BANAAG, Complainant, vs. OLIVIA C. ESPELETA, Interpreter III, Branch 82, Regional Trial Court, Quezon City, Respondent.

FACTS

The administrative case originated from a letter-complaint dated May 3, 2009, filed by Evelina C. Banaag against respondent Olivia C. Espeleta, an Interpreter III at the RTC of Quezon City, Branch 82, for Gross Immorality and Conduct Prejudicial to the Best Interest of the Service. Complainant alleged that respondent engaged in an illicit relationship with her husband, Avelino C. Banaag. The parties first met in October 2005 when respondent, accompanied by a mutual acquaintance, Gloria Tubtub, went to complainant’s house to have a check encashed. Complainant later discovered that her husband and respondent were having an affair, which began in 2006. Evidence presented included affidavits from Gloria Tubtub and Engr. Pacifico Sabigan confirming the relationship, and photocopies of cash deposit slips showing that complainant’s husband had deposited substantial amounts (with retained slips totaling ₱1.429 million) from their conjugal funds into respondent’s bank account, her daughter’s account, and the accounts of respondent’s co-employees over the period 2006 to 2009. The Office of the Court Administrator (OCA) directed respondent to comment on the complaint, but she failed to comply despite several notices. Respondent tendered her resignation on June 11, 2009, which was later accepted by the Court on February 26, 2010, without prejudice to the outcome of the administrative case. It was reported that respondent had gone to the United States.

ISSUE

Whether respondent Olivia C. Espeleta is guilty of immoral conduct.

RULING

The Court found respondent Olivia C. Espeleta GUILTY of Disgraceful and Immoral Conduct under Section 46(b)(5), Chapter 7, Subtitle A, Title I, Book V of the Administrative Code of 1987, as defined by CSC Resolution No. 100912. The Court ruled that her act of maintaining an illicit relationship with a married man constitutes an act that violates the basic norms of decency and morality, showing moral indifference to the opinions of the community. This is classified as a grave offense. The Court noted that respondent was given the opportunity to refute the charges but chose not to file any comment and instead hastily resigned and left the country, which betrayed an intent to evade accountability. Citing analogous cases (Sealana-Abbu, Elape, Regir, and Babante-Caples), the Court emphasized the moral reprehensibility of such conduct for court personnel. Since respondent had already resigned, the Court, adopting the OCA’s recommendation, imposed a FINE in the amount of ₱50,000.00, to be deducted from whatever sums may be due her, such as accrued leave credits.