CORDERO, Jonathan L.

Re: Complaint; Crime Involving

Moral Turpitude
x-----------------------------------------x



RESOLUTION NO. 01-1224


Janus T. Jarder, employee of the ugar Regulatory !dministration "R!#,
$a%olod City, filed a %omplaint &efore this Commission see'ing the dismissal from the
servi%e of Jonathan (. Cordero, enior Regulation )ffi%er of that same offi%e, for
%onvi%tion in Criminal Case *o. ++,-. for (ight )ral defamation, a %rime allegedly
involving moral turpitude.

In his %omplaint, Jarder asserted the follo/ing:

3. That respondent by virtue of the decision rendered by the Municipal Trial
Court (MTCC) (sic) Branch 01, Bacolod City and dated ctober !, 1!!", #as convicted
of the C$%M& ' $() *&'(M(T%+ , , ,.

-. That the cri.e of #hich respondent #as convicted is a cri.e involvin/
.oral turpitude #hich is punishable by dis.issal fro. the service at its offense as
provided in 0ection 12, ( (1), of the $evised 3nifor. $ules on (d.inistrative Cases in
the Civil 0ervice.

1. By virtue of the fore/oin/ Court decision, co.plainant additionally files
co.plaint a/ainst respondent for the follo#in/ offenses4

5a) 6rave Misconduct as provided in 0ection 12, ( (3) of the said $ules7

5b) Conviction of Cri.e %nvolvin/ .oral turpitude as provided in 0ection 12 ( (1).8

Jarder also filed a motion to pla%e the respondent under preventive suspension in
vie/ of the alleged %onvi%tion of a %rime involving moral turpitude.

0hen as'ed to ans/er or %omment, Cordero maintained the follo/ing arguments,
thus:

-. $espondent vehe.ently denies para/raphs - and 1, the truth of the .atter
bein/ that the cri.e of li/ht oral defa.ation is not a cri.e involvin/ .oral turpitude and
is not #ithin the confines of 0ection 12 of the $evised 3nifor. $ules on (d.inistrative
Cases in the Civil Cases (sic), contrary to co.plainant9s clai..


1. Cri.es involvin/ .oral turpitude is a cri.e that reflects on the .oral
character of the person, such as ho.icide, estafa, etc. %t does not include cri.es based
on ne/li/ence, such as ho.icide throu/h rec:less i.prudence.

, , ,

;. %n the case of the respondent, the #ords uttered #ere done in the hei/ht of
e,cite.ent, there #as no prior .isunderstandin/ bet#een the parties and there #as a
/ood rapport bet#een the. as co<e.ployees before the utterances7

=. Based on the nature of the cri.e of li/ht slander, #here #hat is
punishable is the effect of #ord to the reputation of the co.plainant, li/ht slander could
not be dee.ed a cri.e #hich reflects the .oral character of the accused or .oral
turpitude.8

The sole issue in this %ase is /hether or not the %riminal offense of light oral
defamation, to /hi%h Cordero /as %onvi%ted, %onstitutes the administrative offense of
Convi%tion of a Crime Involving Moral Turpitude, so as to 1ustify his removal from the
offi%e.

Re%ords dis%lose that Cordero /as %harged /ith 2rave lander under Article !"
o# the Re$i%e& 'enal Co&e &efore $ran%h I, Muni%ipal Trial Court in Cities "MTCC#,
$a%olod City. The Information reads:

That on or about the "th day of >une 1!!", in the City of Bacolod, ?hilippines,
and #ithin the @urisdiction of this Aonorable Court, the herein accused, #ithout any
@ustifiable cause or .otive, #ith deliberate intent of brin/in/ the person of the herein
offended party, (tty. >anus T. >arder, a respectable la#yer and a duly elected ?resident
of the 0u/ar &.ployees (ssociation of the ?hilippines (036($&(?), 0u/ar
$e/ulatory (d.inistration, Bacolod City, unto public discredit and conte.pt, did, then
and there #illfully, unla#fully, and feloniously utter a/ainst the latter the follo#in/
#ords on t#o instances of the sa.e day, to #it4

< 5That he ((tty. >anus >arder) surreptitiously received a 3B co..ission fro. (tty.
Culo out of the 11B contin/ent fee of the said la# fir.7

< 5+a:a:#arta /id si >anus siniD (>anus .ade .oney out of thisD)7

< 5%ndi, aD +a:abaton /id siya 3B co..ission :ay Culo, secreto lan/,9 (+o its
notD Ae did reecive a 3B co..ission fro. Culo in secret)

Ehich #ords are of serious and insultin/ in nature and #ere uttered in the
presence of, and #ithin the hearin/ of several persons, thus castin/ dishonor, discredit
and conte.pt upon the person of the said offended party.

(ct contrary to la#.8

3pon a plea of guilty to a lesser offense ho/ever, Cordero /as %onvi%ted of the
%rime of light oral defamation. The Court imposed the penalty of fine e4uivalent to 5our
6undred "7899.99# 7esos.

Article !" o# the Re$i%e& 'enal Co&e pres%ri&es the penalty for the %rime of
slander or oral defamation. aid %rime has all the elements of li&el, ex%ept that
defamation is made orally "'a&illa, A()ro%io* Cri(inal La+, ,oo- I., 1//0, t+el#th
e&., 0."#. The %rime of li&el on the other hand, has the follo/ing elements:

:. ;efamatory imputation, /hi%h %auses dishonor or dis%redit;
-. Mali%e, either in la/ or in fa%t;
.. 7u&li%ation; "orally done in oral defamation#
8. <i%tim must &e identifia&le.

3nder the Revised 7enal Code, defamation is punished &e%ause the en1oyment of
a private reputation is as mu%h a %onstitutional right as the possession of life, li&erty or
property. It is one of those rights ne%essary to human so%iety that underlie the /hole
s%heme of %ivili=ation. The la/ re%ogni=es the value of su%h reputation and imposes upon
him /ho atta%'s it, &y slanderous /ords or li&elous pu&li%ation, the lia&ility to ma'e full
%ompensation for the damages done "1orce%ter $%. Oca(0o, 22 'hil 42#. If prose%uted
and found guilty of the %rime of li&el, he may suffer imprisonment or to pay a fine or
&oth.

)n the other hand, in CSC Re%ol2tion No. 00-03!4 &ate& 5arch 10, 2000
6Ro)re&illo, 5ario7, %iting Dela Torre $%. CO5ELEC 62!" SCRA 4"7 the %on%ept of
moral turpitude has &een aptly defined as so.ethin/ i..oral in itself, re/ardless of the
fact that it is punishable by la# or not. %t .ust not be .erely .ala prohibita, but the act
itself .ust be inherently i..oral. The doin/ of the act itself, and not its prohibition by
statute fi,es .oral turpitude.8 Moral turpitude does not, ho/ever, in%lude su%h a%ts as
are not of themselves immoral &ut /hose illegality lies in the fa%t of their &eing
positively prohi&ited. "8a()oan9a &el Norte $%. De :2;(an, /4 SCRA 2#.

<ie/ed in the light of the foregoing, light oral defamation is not a %rime involving
moral turpitude /arranting dismissal from the servi%e.

1<ERE=ORE, the instant %omplaint of Janus T. Jarder is here&y DIS5ISSED
for la%' of prima fa%ie %ase. (i'e/ise, the motion of the %omplainant to pla%e the
respondent Jonathan (. Cordero under preventive suspension is denied for la%' of &asis.
6o/ever, Jonathan (. Cordero is /arned to &e more %ir%umspe%t in his dealings /ith
&oth his %o-employees and other private individuals.

>ue=on City, J2l> 1/, 2001


"igned#
J. 1ALDE5AR .. .AL5ORES
Commissioner

"igned#
?ARINA CONSTANTINO DA.ID
Chairperson

"igned#
JOSE =. ERESTAIN, JR.
Commissioner

!ttested &y:


"igned#
ARIEL :. RON@UILLO
;ire%tor III

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