The Supreme Court found Judge Gino Jovito C. Aranas of the Municipal Circuit Trial Court, Kabasalan-Siay-Payao, Zamboanga Sibugay, guilty of gross immorality and dismissed him from the service. The Court also found him guilty of grossly immoral conduct under the Code of Professional Responsibility and Accountability and suspended him from the practice of law for three years.
The Case
On November 17, 2020, Emelie filed a complaint against her husband, Judge Aranas, for gross immorality, gross misconduct, dishonesty, and conduct prejudicial to the best interest of the service.
According to the complaint, on the morning of February 20, 2020, a close friend disclosed to Emelie the extramarital affair of her husband with a certain Kristine Rio M. Esteban. From the relationship, a boy named Gino Jovito Esteban Aranas, Jr. was born on February 3, 2020. Judge Aranas acknowledged the child as his son by affixing his signature to the child's birth certificate. Emelie was told the relationship had started some six years ago, with a love nest established in Barangay Tuburan, Municipality of Malangas, Zamboanga Sibugay.
When Emelie confronted Judge Aranas, he admitted the illicit relationship with Kristine and the birth of his son, but quickly apologized for his mistake. The spouses sought advice from Emelie's uncle, retired Judge Rodolfo Vapor, on March 15, 2020 in Ozamis City, where Judge Aranas confessed his relationship with Kristine.
Emelie also alleged that Judge Aranas bought a parcel of land worth PHP 600,000.00 from their joint account in Metrobank without her knowledge, registering the land under the name of his son. She further alleged that on April 10, 2020, Judge Aranas fired his handgun inside their house and threatened to kill anyone against his relationship with Kristine, and that on June 29, 2020, he left the family home.
In his Comment dated February 19, 2021, Judge Aranas admitted being the legal husband of Emelie, having a child with Kristine as a result of a one-time fling, seeking advice from retired Judge Vapor, purchasing a lot for his child, and leaving the family home. He denied cohabiting with Kristine and explained that after leaving the family home, he lived alone in an unused stockroom at the back of the municipal hall. He said he was booted out of the house after his wife and her sisters made him sign deeds of sale conveying their house and lot to Emelie's three sisters. He also denied posting pictures of him and his son on social media, saying the Facebook posts were made by Kristine without his consent.
The Issue
Whether Judge Aranas should be held administratively liable for gross immorality and grossly immoral conduct, and what penalty should be imposed.
The Ruling
The Court found Judge Aranas guilty. Its dispositive order reads: "the Court finds respondent Judge Gino Jovito C. Aranas of the Municipal Circuit Trial Court, Kabasalan-Siay-Payao, Zamboanga Sibugay, GUILTY of gross immorality. He is DISMISSED from the service, with forfeiture of his retirement and other benefits, except accrued leave credits, and perpetual disqualification from reinstatement or appointment to any public office, including any government-owned or -controlled corporation."
The Court also found him "GUILTY of grossly immoral conduct under Canon VI, Section 33(f) of the Code of Professional Responsibility and Accountability for which he is SUSPENDED from the practice of law for three years." He was sternly warned that a repetition of the same or similar acts shall be dealt with more severely.
By the Numbers
- Complaint filed: November 17, 2020
- Child born: February 3, 2020
- Meeting with retired Judge Vapor: March 15, 2020
- Handgun incident alleged: April 10, 2020, between 7:00 a.m. and 8:00 a.m.
- Judge Aranas left the family home: June 29, 2020
- Comment filed: February 19, 2021
- Value of parcel of land: PHP 600,000.00
- Suspension from the practice of law: three years
- Length of marriage cited: almost 22 years
The Court's Reasoning
The Court stated it has zero tolerance for lawyers who openly engaged in illicit affairs during the subsistence of their marriages, noting that in a catena of cases it disbarred lawyers for abandoning their families and maintaining illicit relationships. However, the Court said it must not turn a blind eye to mitigating circumstances that may be appreciated in imposing the appropriate penalty.
The Court appreciated several mitigating circumstances under the CPRA: Judge Aranas admitted his wrongdoing, apologized, and showed remorse for a one-time fling; he did not actually abandon Emelie but was booted out of the house; he exerted effort to be a father to his son by acknowledging the child and making himself responsible; and he did not post pictures on social media, as those were posted by Kristine without his consent.
The Court also considered that imposing disbarment would deprive Judge Aranas of his only source of income and greatly affect his son, who relies on him for all his needs. The Court said it cannot allow an innocent child to suffer due to the shortcomings and mistakes of his father. For these reasons, the Court deemed it proper to impose suspension from the practice of law for three years, which it noted is still within the imposable penalty for Grossly Immoral Conduct under the CPRA.
The Court reminded lawyers to always be honorable and reliable, stating that any lawyer who cannot abide by the laws in his private life cannot be expected to do so in his professional dealings.
Source: Supreme Court Decision, A.M. No. MTJ-24-031 (Formerly OCA IPI No. 20-3126-MTJ), penned by Associate Justice Amy C. Lazaro-Javier.
This report summarizes a public Supreme Court decision and is not legal advice.