Case Number and A.M. No. RTJ-96-1336.

July 25, 1996

Parties to the Case JOCELYN TALENS-DABON, complainant vs. JUDGE HERMIN E. ARCEO,
respondent

Antecedent Facts  Petitioner Dabon, clerk of court V of RTC San Fernando Pampangga,
charged respondent Judge Arceo with gross misconduct which was
later changed to immorality.
 Petitioner alleged that respondent is rude most of the time, and shouted
offensive words such as “walang isip” “tanga” towards his employees
and other court personnel
 Respondent would make bodily contact (“chancing”) towards petitioner
and other female employees whenever he has the chance. Respondent
even kissed petitioner on her cheeks as well as other female
employees.
 Respondent would often make green, vulgar jokes towards his female
employees
 A witness named Marilyn Senapilo-Leander, stenographer of branch 43,
testified her own experiences with respondent.
 Respondent would write Leander love poems and sometimes suddenly
dictate love letters or poems to her in his chamber as if he was courting
her. He kissed her several times, pointedly stared at her lower parts
when she wore tight pants and made body contacts ("chancing").
 Leander refused to report the issue to Deputy Court Administrator due
to fear of retribution from respondent.
 Petitioner was summoned at about 1:30 p.m. to respondent's temporary
chamber at Greenfields Country Club by respondent who himself came
to the Staff room.
 Already made cautious by respondent's reputation and Mrs. Leander's
experience, she took care to check the outer door and noted the chair
which prevented it from closing. Her apprehension increased because
the hallway was clear of people and only the personnel of Branch 43
and the Office of the Clerk of Court were left holding office there.
 They talked about the impending construction of the Hall of Justice.
Their conversation was interrupted when Bernardo Taruc, senior
employee, dropped by to tell respondent of a phone call for him.
Respondent left the room but told complainant to remain for the signing
of her Certificate of Service which she was then bringing.
 After a few minutes respondent returned and they resumed their
conversation. Their conversation then veered towards responent’s wife
which made petitioner uneasy and redirected respondent’s attention to
the undersigned certificate of service.
 Respondent then signed the certificate then handed petitioner a folded
yellow paper containing a love poem for the petitioner.
 Petitioner found the poem repulsive (obscene) particularly the line
saying "Kapalaran ay malupit, di kita makatalik sa ngayon at bukas
pagkat di mo ibig."
 Petitioner tried to leave the room, however, respondent stopped her and
 tried to kiss her. After many attempts, respondent succeeded in kissing
petitioner on her mouth.
 Complainant angrily shouted "maniac, demonyo, bastos,
napakawalanghiya ninyo". Respondent kept muttering "I love you" and
was very apologetic offering for his driver to take her home.

CPR Violated Canons 1 & 2

Answer of the  Respondent mostly denied the allegations against him.

Respondent  He admitted kissing other female employees.
 Admitted that his voice is louder than others but did not shout
 Admitted saying “tang aka kasi” but intended it as a joke
 He declared that it was the petitioner who voluntarily went to his
chamber to get the poem she herself asked the respondent to make,
and that the incident that happened was merely a fabrication in of
petitioner in vengeful retaliation of incidents that he either scolded or
humiliated her
 He averred that the poem was just an intellectual creation and that he
was never attracted to petitioner

Recommendation of IBP found respondent guilty of the allegations towards him. The Investigating
the IBP Justice thereupon, recommended that respondent be dismissed from the
service with prejudice to reappointment in any other government position and
with forfeiture of all benefits and privileges appertaining him, if any.
Decision of Supreme SC agreed with IBP’s findings. Judge Hermin E. Arceo is hereby DISMISSED
Court 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.

Core Moral Values Respect for the dignity of human sexuality, selfless love of others, respect for
Violated authority

Virtues Missing Prudence, temperance, fortitude

Vices Present Lust, pride