July 25, 1996
FACTS
Judge Hermin Arceo, respondent, called complainant Atty. Jocelyn Talens-Dabon to his office. He first gave her a poem that contained a line: “Kapalaran ay malupit, di kita makatalik sa ngayon at bukas pagkat di mo ibig.”
Repulsed at the contents of the poem, she decided to leave the office. As she was opening the door, he suddenly walked to her and asked her for a kiss.
Judge Arceo started embracing Atty. Talens-Dabon. She evaded and struggled. She tried to push him away. She panicked and ran.
He caught up with her and embraced her again. He also pinned her against the filing cabinets in the office and pressed the lower part of his body against hers.
Atty. Talens-Dabon screamed for help as she resisted and pushed Judge Arceo. A physical struggle ensued. She ran to an open window inside the office and screamed for help, but she slipped and fell on the floor.
He then bent his knees in a somewhat squatting position, placed his palms on either side of her head, and kissed her on the mouth, with his mouth open and his tongue sticking out.
As Atty. Talens-Dabon continued to struggle, Judge Arceo suddenly stopped and sat on a chair. His face red and breathing heavily.
She angrily shouted “maniac, demonyo, bastos, napakawalanghiya ninyo”. He kept muttering “I love you” and apologized for the incident.
After the incident, Atty. Talens-Dabon filed criminal and administrative cases against Judge Arceo.
She stated in her complaint that the poem was malicious because she and him were both married persons, and that he was a judge and she his subordinate.
Atty. Talens-Dabon alleged that Judge Arceo committed gross misconduct and immorality.
Judge Arceo mostly denied Atty. Talens-Dabon’s allegations. He declared that there was no kissing incident happened and that it was she who entered his office.
He contended that a gardener was working at 3:00 to 5:00 that afternoon on the lawn just outside the window of his office, implying that if indeed she screamed, the gardener would have heard it.
Judge Arceo also said the allegations were fabricated, a revenge plot by Atty. Talens-Dabon because he scolded her for certain lapses.
He denied that he was attracted to her.
ISSUE
Whether or not Judge Arceo committed gross misconduct and immorality.
RULING
YES, Judge Arceo committed gross misconduct and immorality.
A Judge should be the embodiment of competence, integrity and independence.
(Rule 1.01, Canon 1, Code of Judicial Conduct)
A Judge should avoid impropriety and the appearance of impropriety in all activities.
(Rule 2.00, Canon 2, Code of Judicial Conduct)
A judge should so behave at all times as to promote public confidence in the integrity and impartiality of the judiciary.
(Rule 2.01, Canon 2, Code of Judicial Conduct)
Respondent has failed to measure up to these exacting standards. He has behaved in a manner unbecoming of a judge and as model of moral uprightness. He has betrayed the people’s high expectations and diminished the esteem in which they hold the judiciary in general.
DISPOSITIVE PORTION
WHEREFORE, Judge Hermin E. Arceo is hereby DISMISSED from the service for gross misconduct and immorality prejudicial to the best interests of the service, with forfeiture of all retirement benefits and with prejudice to re-employment in any branch of the government, including government-owned and controlled corporations.
SO ORDERED.
Full text of this decision.
