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FACTS:
Ma. Blyth Abadilla, a Clerk of Court, filed a complaint against Judge Tabiliran on the grounds of gross
immorality, deceitful conduct, and corruption unbecoming of a judge. With respect to the charge on gross
immorality, she contended that the judge scandalously and publicly cohabited with Priscilla Baybayan
during subsistence of his marriage with Teresita Banzuela. Tabiliran and Priscilla got married in May
1986. On the other hand, with respect to the charge on deceitful conduct, petitioner claims that the judge
caused his 3 illegitimate children with Priscilla be registered as legitimate by falsely executing separate
affidavits stating the delayed registration was due to inadvertence, excusable negligence or oversight
when in fact, he knew these children cannot be legally registered as legitimate. The judge averred that 25
years had already elapsed since the disappearance of her wife in 1966 when he married Priscilla hence the
cohabitation was neither bigamous nor immoral. However, as early as 1970, based on the record, Priscilla
had begotten her 3 children (1970, 1971 and 1975).
Under Article 177 of the Family Code, only children conceived and born outside of wedlock of parents
who, at the time of the conception of the former, were not disqualified by any impediment to marry each
other may be legitimated. Reasons for this limitation:
1) The rationale of legitimation would be destroyed;
2) It would be unfair to the legitimate children in terms of successional rights;
3) There will be the problem of public scandal, unless social mores change;
4) It is too violent to grant the privilege of legitimation to adulterous children as it will destroy the
sanctity of marriage;
5) It will be very scandalous, especially if the parents marry many years after the birth of the child.
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