G.R. No. A.M. No. RTJ-96-1336, June 2, 2020
Jocelyn C. Talens-Dabon, Complainant, vs. Judge Hermin E. Arceo, Regional Trial Court, Branch 43, San Fernando, Pampanga, Respondent.
FACTS
This is a Concurring Opinion by Justice Leonen in a case involving a Petition for Payment of Retirement Benefits filed by former Judge Hermin E. Arceo. The Court had previously dismissed Arceo from service for sexual harassment. Eight years prior to this petition, the Court had granted him judicial clemency, allowing him to seek reemployment in government. Arceo now files a new petition seeking payment of his retirement benefits.
ISSUE
Whether the Petition for Payment of Retirement Benefits of Hermin E. Arceo should be granted.
RULING
The Concurring Opinion votes to DENY the petition. The opinion agrees with the main decision’s denial. It emphasizes that sexual harassment is a severe offense that disregards human dignity. The Court’s grant of clemency is discretionary and must be balanced with preserving public confidence in the judiciary. Guidelines from Re: Letter of Judge Augustus C. Diaz require proof of remorse, reformation, sufficient lapse of time, productive age, promise or potential, and other relevant factors. Arceo failed to prove entitlement to further clemency. He did not show evidence of remorse or seek forgiveness from his victims—Atty. Jocelyn C. Talens-Dabon and his staff. The opinion advocates for a calibrated approach to punishment that considers the victims’ interests and genuine forgiveness, referencing principles from Anonymous Complaint v. Dagala. Contrasting cases are cited: Macarubbo v. Atty. Macarubbo (clemency granted due to amends) and Que v. Atty. Revilla and Re: Deceitful Conduct of Ignacio S. Del Rosario (clemency denied for lack of proof of reformation). The opinion stresses that the integrity of the Judiciary prevails over pleas for compassion and calls for a zero-tolerance policy against judges who abuse power. Arceo’s invocation of humanitarian reasons is unavailing given his failure to exercise basic human decency.
