DEFINITION AND NATURE OF MARRIAGE

PFRDigest – Abadilla Vs. Tabiliran, A.M. No. MTJ-92-716, October 25, 1995

Facts:
Petitioner is the assigned clerk of court at the sala of herein respondent Judge.
Respondent stands charged with gross immorality, deceitful conduct and
corruption unbecoming of a Judge. It is alleged that he has scandalously and
publicly cohabited with Priscilla Baybayan during the existence of a previous
marriage, represented himself as single in the marriage contract with Priscilla. He
also caused the registration of his three illegitimate children as legitimate.

Issue:
Whether or not respondent is guilty of the charges.

Ruling:
Respondent is guilty of gross immorality for having scandalously and openly
cohabited with said Priscilla Baybayan during the existence of his marriage with
Teresita Tabiliran. It makes mockery of the inviolability and sanctity of marriage as
a basic social institution. It is not only a civil contract, but is a new relation, an
institution on the maintenance of which the public is deeply interested.
Consequently every intendment of the law leans towards legalizing matrimony.
Respondent Judge is dismissed from service.