Facts:

On June 1, 1994,
Edwin A. Acebedo charged Eddie P. Arquero, Process Server of the Municipal
Trial Court (MTC) of Brookes Point, Palawan for immorality.
Complainant alleged that
his wife, Dedje Irader Acebedo
, a former stenographer of the MTCBrookes Point, and respondent unlawfully and
scandalously cohabited as husband and wife atBancudo Pulot, Brookes Point,
Palawan as a result of which a girl, Desiree May Irader Arquero,was born to the
two on May 21, 1989. Attached to the letter-complaint was the girls
BaptismalCertificate reflecting the names of respondent and Dedje Irader as her
parentsRespondent claimed that the immorality charge by the petitioner was just a
mere harassmentand a product of complainnats hatred and jealousy. By
respondents own admission however, hehad an illicit relationship with the
petitioners wife for 8-9 months. The reason for having thisillicit relationship was
explained by the respondent that the petitioner and his wife had akasunduan in
writing and duly notarized. The Kasunduan indicated that they would sever
theirmarriage ties and allow themselves to live with other possible partner and that
no one would goto court to institute any action against the other.
Issue: Whether or not the Kasunduan is enough ground to sever the marriage tie.
Ruling:
SC ruled that respondents justification fails, being an employee of the
judiciary,respondent ought to have known that the Kasunduan had absolutely no
force and effect on thevalidity of the marriage between complainant and his wife.
Art 1 of the family code provides thatmarriage is an inviolable social institution
whose nature and consequences, and incidents aregoverned by law and not subject
to stipulation. It is an institution of public order and policy,governed by rules
established by law which cannot be made inoperative by stipulation of theparties.
Respondent is suspended for 6 months.