Anonymous v. Radam, AM P-07-2333, 19 December 2007, First Division Resolution

Anonymous v. Radam, AM P-07-2333, 19 December 2007, First Division Resolution

FACTS:

• An anonymous letter-complaint was filed against Ma. Victoria Radam, utility worker in the Office of the Clerk of Court of the Regional Trial Court of Alaminos City in Pangasinan, charged her with immorality, alleging that she was unmarried but got pregnant which tainted the image of judiciary.
• In his investigation, Judge Abella found that Radam is single and that she got pregnant and gave birth to a baby boy without being married to the father of the child, albeit she advanced the reason for her remaining unmarried, it being that she and her boyfriend had a mutual plan to migrate to Canada. 
• Judge Abella, then, recommended that the responded be found Guilty of Immoral Conduct or Act Unbecoming a Court of Employee as the said conduct of Radam fell short of the strict standard of the standards of Court personnel and contrary to the Code of Judicial Ethic and the Civil Service Rules. A suspension of one (1) month or a fine of Php5,000.00 is respectfully recommended, with warning that a repetition of the same or similar act in the future will be dealt with more severely.
• However, the Office of the Court Administrator (OCA) recommended the absolution of the charge of immorality as the alleged misconduct did not affect the character and nature of respondent’s position as a utility worker, but a fine of Php 5,000 must be imposed for stating in the birth certificate of her child that the father was “unknown” to her.  

 
ISSUE:  
​Whether or not respondent be dismissed for her conduct.
 
RULING:
No. The Court held the dismissal of the administrative complaint against the respondent, but was advised to be more circumspect in her personal and official actuations in the future. In the determination of administrative responsibility, giving birth out of wedlock is not per se immoral under civil service laws.
For such conduct to warrant disciplinary action, the same must be "grossly immoral," that is, it must be so corrupt and false as to constitute a criminal act or so unprincipled as to be reprehensible to a high degree. In Estrada v. Escritor, we emphasized that in determining whether the acts complained of constitute "disgraceful and immoral behavior" under civil service laws, the distinction between public and secular morality on the one hand, and religious morality, on the other should be kept in mind. The distinction between public and secular morality as expressed — albeit not exclusively — in the law, on the one hand, and religious morality, on the other, is important because the jurisdiction of the Court extends only to public and secular morality.14 Thus, government action, including its proscription of immorality as expressed in criminal law like adultery or concubinage, must have a secular purpose.
In the case at bar, it was not disputed that the father of her child was unmarried.  Therefore, the respondent cannot be held liable for disgraceful and immoral conduct simply because she gave birth to the child Christian Jeon out of wedlock. She was indicted only because of giving birth out of wedlock which the investigation focused solely on. Hence, OCA’s recommendation that she be held administratively liable for not stating the name of her child’s father in the birth certificate is like a thief in the night as the respondent was not given any change to explain her side. To hold her liable for a totally different charge of which she was totally unaware will violate her right to due process. The essence of due process in an administrative proceeding is the opportunity to explain one’s side, whether written or verbal