Burgos v. Aquino (Digest)

(Perjury)
Case Citation: Burgos v. Aquino | A.M. No. P-94-1081
Date: October 25, 1995
Complainant: VIRGINIA E. BURGOS
Respondents: JOSEFINA R. AQUINO, COURT STENOGRAPHER, RTC, BRANCH 19, MALOLOS, BULACAN
Doctrine: Under Article 183 of the Revised Penal Code, perjury is the deliberate making of
untruthful statements upon any material matter before a competent person authorized to
administer an oath in cases in which the law so requires. The required Civil Service Form 212
submitted by respondent to form part of her personal file is an official document. Her deliberate
omission to disclose her child without a valid justification makes her liable for perjury.
Antecedent Facts: An administrative matter charging respondent with immorality for maintaining illicit relations with
complainant’s husband which eventually begot them a child.
Petitioner’s Complainant maintained that her husband and respondent are still "on." She had also
contention: demanded the respondent to disallow her daughter from using the family name Burgos.
Respondent’s She admitted that she had an illicit relation with complainant's husband. The illicit relation
contention: allegedly happened prior to her employment in the judiciary. She claimed that the affair occurred
in 1979 and their love child, Jocelyn, was born on March 19, 1980. She joined the judiciary only
on July 9, 1981 as Court Clerk Interpreter. She now avers that she had severed her relation with
Atty. Burgos arising from their disagreement over support.
RTC Ruling: Judge Dizon recommended respondent's suspension from service.
Office of the Court This Office finds merit on the conclusion of the investigating Judge that indeed the respondent
Administrator: committed an immoral act while in the government service, regardless of whether or not it was
committed when employed in the Judiciary. At the time she gave birth to her child, the
respondent may not be in the government service. However, the child was conceived when she
was still in the Fiscal's Office where the complainant's husband likewise worked.
Her personal record reveals that respondent was employed as Clerk-Typist in the Office of the
Governor of Malolos, Bulacan from August 1, 1974 to April 22, 1976, and from April 23, 1976 to
September 30, 1979 as Clerk Stenographer in the Fiscal's Office on the same province. She
resigned from the Fiscal's Office and subsequently got herself employed as Court Interpreter in
MTC, Guiguinto, Bulacan on July 9, 1981. While it is true that in all her personal record from the
time she assumed office in the Judiciary, she declares her status as single with a child named
Jocelyn Aquino born on March 19, 1980, however, in one of her personal data sheets dated
October 26, 1982, respondent did not declare her child.
Issue:
SC Ruling: We agree with the findings of the Office of the Court Administrator. Respondent has admitted
her illicit relationship with Atty. Francisco C. Burgos, complainant's husband in 1979 which gave
life to their love child, Jocelyn, in 1980. She, however, denies the charge of complainant that she
continues to carry on her dalliance with Atty. Burgos. The evidence proves the charge of
complainant.
The Code of Judicial Ethics mandates that the conduct of court personnel must be free from any
whiff of impropriety, not only with respect to his duties in the judicial branch but also to his
behavior outside the court as a private individual. There is no dichotomy of morality; a court
employee is also judged by his private morals.
Likewise, the records reveal that when respondent applied in the judiciary, she filled up the
prescribed personal information sheet, Civil Service Form 212, dated October 26, 1982 and did
not disclose the existence of her daughter. The form itself gives this warning: "I declare
under penalties of perjury that the answers given above are true and correct to the best
of
my knowledge and belief." Despite the warning, she professed that her statements were
true. Under Article 183 of the Revised Penal Code, perjury is the deliberate making of
untruthful statements upon any material matter before a competent person authorized to
administer an oath in cases in which the law so requires. The required Civil Service Form 212
submitted by respondent to form part of her personal file is an official document. Her deliberate
omission to disclose her child without a valid justification makes her liable for perjury.
Others:

Burgos v. Aquino (Digest)

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Burgos v. Aquino (Digest)

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(Perjury)

Case Citation: Burgos v. Aquino | A.M. No. P-94-1081

Date: October 25, 1995

Complainant: VIRGINIA E. BURGOS

RTC Ruling: Judge Dizon recommended respondent's suspension from service.

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