MA. BLYTH B. ABADILLA, complainant, vs. JUDGE JOSE C. TABILIRAN,JR.,respondent.
A.M. No. MTJ-92-716 October 25, 1995
Facts:
An administrative case was filed by Abadilla (a clerk of court) alleging that Judge Tabiliran had scandalously and publicly cohabited with Priscilla Baybayan (with whom he begot 3 children) during the existence of his legitimate marriage with Teresita Banzuela-Tabiliran. The respondent and Baybayan were married on May 23, 1986. It was further alleged that Judge Tabiliran falsely represented himself as “single” in the marriage contract and that Mrs. Tabiliran also filed a complaint against the respondent for abandoning the family home and living with Leonora Pillarion, with whom he begot a son. the judge was also alleged to have committed corruption and bribery.
In his defense, Judge Tabiliran claimed that he was not liable for bigamy because he cohabited and married Baybayan after Mrs. Tabiliran left and abandoned him and their family in 1966. Since then, he had not heard any news about his wife. He also alleged that Abadilla was filing this case in retribution and resentment. The RTC said that the marriage between Tabiliran and Baybayan is valid until the reappearance of his first wife.
Issue:
Whether or not the trial court erred in recognizing the second marriage valid.
Ruling:
The Court found that Judge Tabiliran started cohabiting with Baybayan as early as 1970, prove by the birth of their children in 1970, 1971 and 1975 respectively. Hence, the cohabitation occurred while the first marriage was valid and subsisting and contrary to Sec 3 of the Rules of Court and Art 390 of the Civil Code which states that a spouse is presumed to be dead after 7 years of absence. In this case, Mrs. Tabiliran was absent only for 4 years when respondent and Baybayan cohabited. Therefore, Judge Tabiliran was found guilty of gross immorality, deceitful conduct and corruption.
