Notes

THELMA T. BABANTE-CAPLES, Complainant, charged her husband, Philbert B. Caples (respondent), Utility Worker II, Hall of Justice, Municipal Trial Court (MTC), La Paz, Leyte, with Immorality.

complainant and her witnesses Pedro A. Caducoy, Jr. and Francisco Cadion Daro, Jr. testified in support of the complaint.

counsel for respondent manifested that respondent was not willing to testify, and waived his right to present evidence because respondent already submitted his resignation letter to the OCA.

THELMA 39 years old, married, and a public school teacher, narrated that she is the legal wife of respondent and that they have two (2) legitimate children.

She stated that their happy and blissful marriage was shattered because of the infidelity of respondent, who had an illicit relationship with one Rennalyn Cordovez

She further narrated that the affair of the two has become public knowledge in their community, and the public display of their immorality has caused so much pain to her and to their children.

complainant pleaded with her philandering husband, who had a drinking session with his paramour in a nearby videoke house, to stop his immoral conduct. instead of heeding her plea, respondent physically assaulted her by slapping her face several times.

Lumayas sa bahay nila si philbert nung March 18, 2008 to join his mistress Rennalyn Cordovez in Dulag, Leyte.

April 14, 2008/ sought the assistance of the MTC Judge / during the meeting arranged by the Judge, her husband asked for forgiveness for what he had done. / resumed his immoral act and deprived his family of moral and financial support. / alleged that her husband’s mistress has given birth to a child, and that they are now living in the poblacion of the Municipality of Tolosa, Leyte.1avvphi1

o be heard and refute the charges against him by adducing evidence; yet, he chose not to testify and adduce evidence. Instead, respondent tendered his resignation letter to the OCA of the Supreme Court.

Kaso ni Philberth Immoral conduct/ defined and punished in Section 46(b)(5) of Subtitle A, Title I, Book V of the Administrative Code of 1987. The disciplinary authority may impose the penalty of removal from the service, demotion in rank, suspension for not more than one year without pay, fine in an amount not exceeding his salary for six months, or reprimand.

adopted and approved by the Civil Service Commission in its Resolution No. 991936 dated August 31, 1999, disgraceful and immoral conduct is a grave offense which merits a penalty of suspension for six (6) months and one (1) day to one (1) year for the first offense, and the penalty of dismissal for the second offense.