G.R. No.: A.M. No. P-11-3011 (Formerly OCA IPI No. 09-3143-P)
Date: November 29, 2011

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, Branch 82, Quezon City, 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 request encashment of a check. Complainant later discovered that her husband and respondent were having an affair, which her husband admitted. Complainant presented evidence, including affidavits from Gloria Tubtub and Engr. Pacifico Sabigan, and photocopies of cash deposit slips showing that her husband had deposited substantial amounts (allegedly over P3 Million, with retained slips for P1.429 Million) from their conjugal funds into respondent’s Landbank account (where he indicated his relationship as “cousin”), as well as into the accounts of respondent’s daughter and co-employees, for respondent’s benefit. The Office of the Court Administrator (OCA) directed respondent to comment, but she failed to comply. Respondent tendered her resignation on June 11, 2009, which was accepted by the Court on February 26, 2010, without prejudice to the outcome of the administrative case. It was later 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 which violates the basic norm of decency, morality and decorum abhorred and condemned by the society” and “conduct which is willful, flagrant or shameless.” The offense is classified as grave. 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 for the United States, which betrayed an intent to evade accountability. Following the recommendation of the OCA, and considering that respondent had already resigned, the Court ORDERED her to pay a FINE in the amount of P50,000.00, deductible from any accrued leave credits or other sums due her.