Relationship with a married man inherently wrong, immoral in conduct
"In connection with your column regarding the pregnant government employee who is unmarried, you said that her situation will not make her liable for immorality because the father of her child is also unmarried. I would like to inquire about my situation, being also an unwed pregnant woman and working in the government. I am conceiving a baby with my boyfriend and we’re planning to live together soon. In as much as we both wanted to get married, we cannot do so because his marriage is not yet annulled. He is separated from his wife for more than four years now. They never had a child and his wife is also into a relationship with another man.
Can the Civil Service Commission possibly charge me with immorality for having conceived a baby with my boyfriend who is already married but separated from his wife for more than four years already?Grace
Dear Grace,The Civil Service Commission through Memorandum Circular No. 15 Series of 2010 defined Disgraceful and Immoral Conduct as follows:
“Section 1. Definition of Disgraceful and Immoral Conduct - Disgraceful and Immoral Conduct refers to an act which violates the basic norm of decency, morality and decorum abhorred and condemned by the society. It refers to conduct which is willful, flagrant or shameless, and which shows a moral indifference to the opinions of the good and respectable members of the community.”Having a relationship with a married man is inherently wrong. It is an illicit affair which constitutes immoral conduct and will give rise to criminal and administrative sanctions. It is still immoral and not an excuse to be spared from being chastised even if the man is separated from his wife for a long period of time. It is immaterial as long as the man is married. Thus, you may be held liable for immorality under the aforesaid circular and other Civil Service Laws.
In the case of Thelma T. Babante-Capales vs. Philbert B. Capales (A.M. No. HOJ-10-03 (Formerly A.M. OCA IPI No. 09-04-HOJ) November 15, 2010), the court enunciated the following:“Respondent’s act of maintaining an illicit relationship with a woman not his wife comes within the purview of disgraceful and immoral conduct, defined and punished in Section 46(b)(5) of Subtitle A, Title I, Book V of the Administrative Code of 1987. The disciplinary authority may impose the penalty of removal from the service, demotion in rank, suspension for not more than one year without pay, fine in an amount not exceeding his salary for six months, or reprimand.Under the Revised Uniform Rules on Administrative Cases in the Civil Service Commission, adopted and approved by the Civil Service Commission in its Resolution No. 991936 dated August 31, 1999, disgraceful and immoral conduct is a grave offense which merits a penalty of suspension for six (6) months and one (1) day to one (1) year for the first offense, and the penalty of dismissal for the second offense.”Likewise, the principle behind the stringent observance of moral conduct and its concomitant penalty in case of infractions by an employee while employed in the Government and the need to sanction the same was discussed succinctly by the court in the aforesaid case, in this manner:
“Time and again, we have stressed adherence to the principle that public office is a public trust. The good of the service and the degree of morality, which every official and employee in the public service must observe, if respect and confidence are to be maintained by the Government in the enforcement of the law, demand that no untoward conduct affecting morality, integrity, and efficiency while holding office should be left without proper and commensurate sanction, all attendant circumstances taken into account.”Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org."
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"Relationship with a married man inherently wrong, immoral in conduct"
was written by Mary
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and updated on 15 September 2021