ABANAG V MABUTE

AM P-11-2922 APR 4, 2011

FACTS:
 A complaint for Disgraceful and Immoral conduct was filed against
respondent.
 Petitioner, unmarried woman met respondent when he joined Singles for
Christ.
 Respondent courted her and professed his underlying love.
 Relying on the respondent’s promise to marry, she agreed to live with him in
a room that he rented.
 Later, she became pregnant but after several months into pregnancy.
Respondent allegedly brought her to a “manghihilot” to abort the baby.
 When she did not agree, respondent grew cold and eventually abandoned her.
 She became depressed resulting in the lost of her baby.

o Respondent on his part did not deny their amorous relationship but denied the
allegation of bringing the petitioner to a manghihilot.
o He assumed that the petitioner’s miscarriage may be due to her epileptic
attacks during her pregnancy.

ISSUE:
WON the actions of the respondent will constitute an immoral conduct.

HELD:
The sexual relationship between two consenting adults and the consequent marriage
is a natural effect of physical intimacy. Furthermore, the petitioner freely cohabited
with the respondent. Court ruled that this cannot give rise to an administrative sanction.

The accusation of Abanag of initiated abortion may constitute an immoral, disgraceful

and gross misconduct but she was not able to provide a sufficient evidence for such.

Court defined a gross immoral act is one that is so corrupt and false as to constitute a
criminal act.

Hence, court cannot fine the complained acts to be of a disgraceful or grossly immoral
conduct.

The sexual relations between the complainant and the respondent were consensual.
Mere sexual relations between two unmarried and consenting adults are not enough to
warrant administrative sanction for illicit behavior. Voluntary intimacy is neither
criminal nor unprincipled as to warrant disciplinary action.
NCC19- Every person must, in the exercise of his rights and in the
performance of his duties, act with justice, give everyone his due, and observe
honesty and good faith.

NCC20-Every person who, contrary to law, wilfully or negligently causes

damage to another, shall indemnify the latter for the same.

NCC21- Any person who wilfully causes loss or injury to another in a manner
that is contrary to morals, good customs or public policy shall compensate the
latter for the damage.

NCC 1403 (2)(c) - The following contracts are unenforceable, unless they are
ratified:

(2) Those that do not comply with the Statute of Frauds as set forth in this
number. In the following cases an agreement hereafter made shall be
unenforceable by action, unless the same, or some note or memorandum,
thereof, be in writing, and subscribed by the party charged, or by his agent;
evidence, therefore, of the agreement cannot be received without the writing,
or a secondary evidence of its contents:

A. An agreement that by its terms is not to be performed within a year

from the making thereof;
B. A special promise to answer for the debt, default, or miscarriage of
another;
C. An agreement made in consideration of marriage, other than a
mutual promise to marry;
D. An agreement for the sale of goods, chattels or things in action, at a
price not less than five hundred pesos, unless the buyer accept and receive part
of such goods and chattels, or the evidences, or some of them, of such things
in action or pay at the time some part of the purchase money; but when a sale
is made by auction and entry is made by the auctioneer in his sales book, at the
time of the sale, of the amount and kind of property sold, terms of sale, price,
names of the purchasers and person on whose account the sale is made, it is a
sufficient memorandum;
E. An agreement of the leasing for a longer period than one year, or for
the sale of real property or of an interest therein;
F. A representation as to the credit of a third person.