Bureau of Customs exec with 2 husbands suspended for immorality
MANILA, Philippines - The Court of Appeals (CA) has ordered the suspension for immorality of a female official of the Bureau of Customs (BOC) in Subic who has two husbands.
In a 20-page decision, the CA’s 22nd Division found Marietta Zamoranos, Port of Subic collector, guilty of an administrative offense and reversed an earlier resolution of the Civil Service Commission (CSC) absolving her.
The CA, through Associate Justice Danton Bueser, ruled that Zamoranos should be suspended for six months to one year for disgraceful and immoral conduct under Rule IV of the CSC’s Uniform Rules on Administrative Cases.
The same rule provides that commission of the same offense would result in dismissal from the government service.
The CA held that the CSC erred in dismissing the administrative complaint against Zamoranos, saying it found merits in the case.
The CA junked Zamoranos’ defense that she is a Muslim and that her civil marriage to Jesus de Guzman on July 30, 1982 was just a ceremonial affair because she was married in Muslim rites to De Guzman on May 3, 1982 and that they got divorced on Dec. 18, 1983.
The marriage with her second husband, Samson Pacasum Sr., was celebrated on Dec. 20, 1989 before Iligan Regional Trial Court (RTC) Judge Valerio Salazar.
But the CA ruled that Zamoranos’ marriage on July 30, 1982 still exists despite her divorce with De Guzman in Basilan.
“Zamoranos’ act of contracting a bigamous marriage with Pacasum constitutes disgraceful and immoral conduct through a forbidden relationship. Considering that bigamy is a crime penalized under the Revised Penal Code, it is indubitable that bigamous marriages are prohibited by law,” the CA ruled.
The case stemmed from a complaint for immorality filed by Pacasum with the CSC on Dec. 14, 2004.
In his complaint, Pacasum said he believed that Zamoranos had no legal impediments to marry so he entered into a contract of marriage with her. Pacasum is a Muslim, while Zamoranos is a Roman Catholic.
However, Pacasum found out that Zamoranos had misled him into believing she was single at the time of their marriage although she was previously married to De Guzman.
Pacasum also alleged that Zamoranos entered into a bigamous marriage when she willfully married him when she knew fully well that it was immoral, deceitful and dishonest, aside from being a criminal act.
But the CSC dismissed the complaint for immorality against Zamoranos due to insufficient evidence.
Pacasum appealed the ruling but the CSC denied it, prompting him to elevate the matter to the CA.
Pacasum said the bigamous nature of his marriage to Zamoranos was bolstered by the resolution of the Department of Justice, which found probable cause for bigamy and ordered the filing of criminal information against her before the Iligan City RTC.
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