SC grants judicial clemency to judge dismissed in 1996

MANILA, Philippines - A dismissed judge, now 71, who was perpetually banned from public office in 1996, has been allowed by the Supreme Court (SC) to rejoin the government.

The SC, through an eight-page resolution by Justice Estela Perlas-Bernabe, granted judicial clemency to dismissed judge Hermin Arceo, formerly of the San Fernando, Pampanga Regional Trial Court (RTC) Branch 43, by lifting his disqualification from re-employment in any branch of the government, including government-owned and -controlled corporations.

The SC also ordered its Fiscal Management and Budget Office to compute Arceo’s accrued leave credits, if any, and to release these to him.

In 1996, the SC dismissed Arceo for gross misconduct and immorality based on the complaint of lawyer Jocelyn Talens-Dabon, former clerk of court of the San Fernando, Pampanga RTC.

He sought judicial clemency last October.

Citing the Castillo v. Calanog Jr. case, the SC said the penalty of disqualification imposed on a judge dismissed for immorality in that case was lifted by the tribunal after the dismissed judge had shown sincere repentance and taking into account his contributions during his tenure in the judiciary.

The SC, in granting judicial clemency to Arceo, held that he has sufficiently shown his remorse and reformation after his dismissal from the service.

The SC ruled that while Arceo, at 71, has already reached retirement age and can no longer be eligible for regular employment in the public service, “it cannot be doubted that he could still be of service to the government in some other capacity” considering his achievements and mental aptitude. 

The SC found that after his dismissal, Arceo engaged in private practice and most of his cases involved poor litigants, neighbors, and close friends.

He submitted to the SC a certificate of good moral character issued by the executive judge of the Malolos City RTC and a certificate of favorable endorsement from the Integrated Bar of the Philippines-Bulacan chapter president attesting to his reformation and recognizing his valuable contributions to the Bar and the Bench.

For these services, Arceo was bestowed the Gawad Bunying Abogadong Bulakenyo last year.

The SC found that Arceo was granted probation after his conviction by the Sandiganbayan in 2004 for violation of the Anti-Sexual Harassment Law and Article 336 of the Revised Penal Code, and was finally discharged after having complied with all the conditions imposed on him.