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    Art. 1 Acebedo V Arquero

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    EARL ANTHONY REYES
    Eddie Arquero, a process server for a municipal trial court, was charged with immorality for unlawfully cohabiting with Dedje Irader Acebedo, a former stenographer for the same court, which resulted in the birth of a child. Arquero claimed he was justified by an agreement between Acebedo and her husband allowing extramarital relationships. The court found Arquero guilty, stating that as a court employee he should have known such an agreement was invalid under law. The court emphasized that judicial employees are held to high standards of morality and propriety to maintain public trust and confidence in the judiciary.

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    Art. 1 Acebedo V Arquero

    Uploaded by

    EARL ANTHONY REYES
    150 views2 pages
    Eddie Arquero, a process server for a municipal trial court, was charged with immorality for unlawfully cohabiting with Dedje Irader Acebedo, a former stenographer for the same court, which resulted in the birth of a child. Arquero claimed he was justified by an agreement between Acebedo and her husband allowing extramarital relationships. The court found Arquero guilty, stating that as a court employee he should have known such an agreement was invalid under law. The court emphasized that judicial employees are held to high standards of morality and propriety to maintain public trust and confidence in the judiciary.

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    Art. 1 Acebedo v Arquero

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    Eddie Arquero, a process server for a municipal trial court, was charged with immorality for unlawfully cohabiting with Dedje Irader Acebedo, a former stenographer for the same court, which resulted in the birth of a child. Arquero claimed he was justified by an agreement between Acebedo and her husband allowing extramarital relationships. The court found Arquero guilty, stating that as a court employee he should have known such an agreement was invalid under law. The court emphasized that judicial employees are held to high standards of morality and propriety to maintain public trust and confidence in the judiciary.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    150 views2 pages

    Art. 1 Acebedo V Arquero

    Uploaded by

    EARL ANTHONY REYES
    Eddie Arquero, a process server for a municipal trial court, was charged with immorality for unlawfully cohabiting with Dedje Irader Acebedo, a former stenographer for the same court, which resulted in the birth of a child. Arquero claimed he was justified by an agreement between Acebedo and her husband allowing extramarital relationships. The court found Arquero guilty, stating that as a court employee he should have known such an agreement was invalid under law. The court emphasized that judicial employees are held to high standards of morality and propriety to maintain public trust and confidence in the judiciary.

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    You are on page 1of 2

    A.M. No.

    P-94-1054, March 11, 2003)


    Edwin A. ACEBEDO (petitioner)  v. Eddie P. ARQUERO  (respondent)

    SUBJECT MATTER PONENTE


    Immorality Carpio Morales, J.

    RECITE READY

    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, which resulted to the birth of Desiree
    May Irader Arquero.

    Arqero denied the charges and claimed that Acebedo himself had been cohabitating with
    another woman.

    The RTC was then ordered to 1) verify the authenticity of the marriage certificate and
    baptismal certificate; 2) conduct an investigation as to the information contained in the
    baptismal certificate; and 3) submit a report and recommendation. Judge Fernandez
    recommended to dismiss the complaint for FAILURE TO ADDUCE ADEQUATE EVIDENCE.

    The Office of the Court Administrator, however, disagrees with the recommendation, stating
    that respondent be held guilty and be suspended from office for a period of one year.

    ISSUE

    Whether or not Arquero should be held guilty of immorality


    RULING

    GUILTY. Being a court employee, Arquero should have known that said agreement was void
    despite it having been notarized. To hold on to said scandalous agreement and enter an
    immoral relationship with a very much married woman, and a court employee is highly
    improper.

    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
    DOCTRINE

    Article 1 of the Family Code provides that marriage is an “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.

    Republic Act 6713 the Code of Conduct and Ethical Standards of Public Officials and
    Employees which provides that “…shall at all times (sic) respect the rights of others, and shall
    refrain from doing acts contrary to law, good morals, good customs, public policy, public
    order, public safety and public interest.”

    FACTS:
     Arquero admitted the fact that for 8 to 9 months, he maintained relations with Dedje Irander
    Acebedo, attended with “sexual union”
     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.
     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.

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