VIRGINIA E. BURGOS, petitioner v. JOSEFINA R.

AQUINO, respondent
A.M. NO. P-94-1081, OCTOBER 25, 1995

FACTS: Virginia Burgos filed an administrative complaint against Josefina Aquino, a court
stenographer, alleging that the latter had an illicit affair with Atty. Francisco Burgos. This illicit
affair bore them a child. Aquino admitted in her Comment that she had an illicit relationship with
the complainants husband, and that she was a victim of his amorous advances. She further said
that this relationship happened prior her employment to the judiciary. The affair happened in
1979 and their love child was born on 1980. She joined the judiciary on 1981. She avers that she
has severed her relationship with Atty. Burgos arising fromt heir disagreement over support.
However, Judge Dizon of the RTC of Malolos found that from the Personal Data Sheet (PDS)
of respondent to the Supreme Court, she was employed as clerk stenographer from 1974 to
1979, which clearly indicated that she was in the government service when she became
pregnant with her child. The records clearly showed that respondent had an affair with the
husband of the complainant while she was in the government service.

Judge Dizon suspension from service

OCA finds merit in Judge Dizons conclusion

ISSUE: Whether or not respondent is guilty of perjury arising from her submission of CS Form
212 dated Oct 26, 1982.

HELD: YES.
First of all, the Code of Judicial Ethics mandates that the conduct of sourt 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. Respondent, as a court
stenographer did not live up to her commitment to live a moral life.
Secondly, respondent did not declare in her CS Form 212 the existence of her daughter
despite, and professed that her statements therein were true despite the warning I declare
under penalties of perjury that the answers given above are true and correct to the best of my
knowledge and belief. Under Art 183 of ROC, perjury is the deliberate making of untruthful
statements upon any material matter before a competent person authorized to administer oath
in cases in which the law so requires. CS 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.
In view hereof, respondent Josefina R. Aquino is meted the penalty of
suspension from office for 6 months for immorality and perjury.