Judicial Clemency to a reformed Judge

A dismissed judge, now 71, who was perpetually banned from public office has been been allowed by the High Court to rejoin the government.

The Supreme Court En Banc, through an eight page resolution by Justice Estela M. Perlas-Bernabe, granted judicial clemency to dismissed Judge Hermin E. Arceo formerly of the San Fernando, Pampanga Regional Trial Court, Branch 43 by lifting his disqualification from re-employment in any branch of the government, including government-owned or –controlled corporations.

Likewise, the High Court ordered its Fiscal Management and Budget Office to compute Arceo’s accrued leave credits, if any, and to release the same to him.

In 1996, the SC dismissed Arceo for gross misconduct and immorality on the complaint of Atty. Jocelyn C. Talens-Dabon, former Clerk of Court of the San Fernando, Pampanga RTC. He sought for judicial clemency in October this year.

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

The Court, in granting judicial clemency to Arceo, held that he has sufficiently shown his remorse and reformation after his dismissal from the service. It ruled that while Arceo, at 71, had 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 Court found that after his dismissal, Arceo engaged in private practice and most of his cases involve poor litigants, neighbors, and close friends. He submitted to the Court 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, he was bestowed the award Gawad Bunying Abogadong Bulakenyo last year.

The Court also found that Arceo was granted probation after his conviction by the Sandiganbayan in 2004 for violation of the Anti-Sexual Harassment Lawand Article 336 of the Revised Penal Code and finally discharged after having complied with all the conditions thereof. Thus, all his civil rights which he had lost as a result of his conviction, including the right to be employed in the public service, were restored, ruled the Court.

As for the accrued leave credits, the Court noted that sec. 11, paragraph 1 of Rule 140 of the Rules of Court explicitly exempts accrued leave credits from the penalty of forfeiture of benefits. (AM No. RTJ-96-1336, Talens-Dabon v. Judge Arceo, November 20, 2012)