G.R. No. MTJ-90-460 June 3, 1993
THE COURT ADMINISTRATOR, complainant, vs. OSMUNDO M. VILLANUEVA, Judge, MCTC, Bagumbayan-Esperanza, Sultan Kudarat, and HEIDE B. PACACO, Clerk of Court, MCTC, Bagumbayan-Esperanza, Sultan Kudarat, respondents.

FACTS

The Office of the Court Administrator filed a complaint for gross immorality against Judge Osmundo M. Villanueva and Clerk of Court Heide B. Pacaco based on an unsworn letter alleging that the judge had an illicit relationship with Pacaco and that they had an illegitimate child named Caesar Anthony P. Villanueva, then four years old. An initial discreet investigation by Judge German Malcampo substantially confirmed the allegations, with information on the child obtained from the Montessori Learning Center where he was enrolled. Respondents denied the charges and presented a certification from the school’s directress stating the child was the son of “Oscar M. Villanueva and Helen B. Paciente.” The case was referred for investigation to Judge Romeo S. Sucaldito after respondents successfully moved to inhibit Judge Malcampo. During the investigation, the complainant presented witnesses and the Certificate of Live Birth of Caesar Anthony Pacaco Villanueva (Exhibit “D”), which listed “Osmundo Villanueva” as the father and “Haide Pacaco” as the mother, with signatures appearing as “hbpacaco.” Respondents contested the authenticity of Exhibit “D,” claiming forgery. Judge Villanueva testified that his relationship with Pacaco was purely professional, denied fathering the child, and stated that Pacaco was evasive when confronted. Pacaco denied the child was hers, claiming he was left in her care by a cousin abroad, and also denied the signatures on the birth certificate were hers.

ISSUE

Whether respondents Judge Osmundo M. Villanueva and Clerk of Court Heide B. Pacaco are guilty of gross immorality for allegedly having an illicit relationship and an illegitimate child.

RULING

The Supreme Court approved the report and recommendation of Investigating Judge Romeo S. Sucaldito. Respondent Heide B. Pacaco was found GUILTY of gross immorality. The Court, through a comparison of her admitted signatures with those on the birth certificate (Exhibit “D”), was reasonably convinced she authored the signatures “hbpacaco” on the document, which established her as the mother of the child. Her evasive testimony and failure to satisfactorily explain the entries further undermined her denial. As a court employee, she violated the exacting standards of morality required. She was dismissed from service with forfeiture of retirement benefits (except accrued leave credits) and disqualified from future government employment. The complaint against Judge Osmundo M. Villanueva was DISMISSED for lack of merit. The evidence against him, primarily the contested birth certificate, was deemed insufficient to prove paternity or the alleged illicit relationship, especially in light of his denial and the questions raised about the document’s authenticity.