FamLaw-Case-Digests (1).docx - UST 1-I CIVIL LAW REVIEWER FAMLAW CASE DIGESTS EDWIN A ACEBEDO v EDDIE P ARQUERO 399 SCRA 10(2003 Position in the

FamLaw-Case-Digests (1).docx - UST 1-I CIVIL LAW REVIEWER...

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UST 1-I CIVIL LAW REVIEWER FAMLAW CASE DIGESTS EDWIN A. ACEBEDO v. EDDIE P. ARQUERO 399 SCRA 10 (2003) Position in the judiciary requires greater moral righteousness and uprightness. Edwin A. Acebedo charged Eddie P. Arquero, Process Server of the Municipal Trial Court (MTC) of Brooke’s Point, Palawan for immorality, alleging that his wife, Dedje Irader Acebedo, a former stenographer of the MTC Brooke’s Point, and Arquero unlawfully and scandalously cohabited as husband and wife. Arquero claimed that Acebedo himself had been cohabitating with another woman. Based on Arquero’s testimony, he justified his having a relationship with Irader solely on the written document purportedly a ―Kasunduan or agreement entered into by Acebedo and Irader, consenting to and giving freedom to either of them to seek any partner and to live with him or her. ISSUE: Whether or not Arquero should be held guilty of immorality HELD: Arquero’s justification fails. Being an employee of the judiciary, Arquero ought to have known that the Kasunduan had absolutely no force and effect on the validity of the marriage between Acebedo and Irader. Article 1 of the Family Code provides that marriage is ―an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation. It is an institution of public order or policy, governed by rules established by law which cannot be made inoperative by the stipulation of the parties. Although every office in the government service is a public trust, no position exacts a greater demand for moral righteousness and uprightness from an individual than in the judiciary. That is why the Court has firmly laid down exacting standards of morality and decency expected of those in the service of the judiciary. Their conduct, not to mention behavior, is circumscribed with the heavy burden of responsibility, characterized by, among other things, propriety and decorum so as to earn and keep the public’s respect and confidence in the judicial service. It must be free from any whiff of impropriety, not only with respect to their duties in the judicial branch but also to their behavior outside the court as private individuals Arquero’s act of having illicit relations with Irader is, within the purview of Section 46 (5) of Subtitle A, Title I, Book V of Executive Order No. 292, otherwise known as the Administrative Code of 1987, a disgraceful and immoral conduct. Espinosa v.Atty. Omana, A.C. No. 9081, October 12, 2011 FACTS : On 17 November 1997, Rodolfo Espinosa and his wife Elena Marantal sought Omana’s legal advice on whether they could dissolve their marriage and live separately. Omana prepared a document entitled “Kasunduan Ng Paghihiwalay.” Espinosa and Marantal started implanting
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the conditions of the said contract. However, Marantal took custody of all their children and took possession of most of the conjugal property. Espinosa sought the advice of Glindo, his fellow employee who is a law graduate, who informed him that the contract executed by Omana was not valid.
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