Judge dismissed over 'malicious' poem gets SC reprieve

A Pampanga judge dismissed over a decade ago for offering a "malicious" poem to a young female lawyer can once again join the government after he had shown "remorse" for his acts and "reformed" himself. In an eight-page resolution, the Supreme Court, which dismissed Hermin Arceo in 1996, granted judicial clemency to 71-year-old erstwhile judge of the San Fernando Regional Trial Court Branch 43. In 1996, the high court disqualified Arceo, then 54, from re-employment in any branch of the government, including government-owned or –controlled corporations, for his sexual assault on Jocelyn "Joy" Talens-Dabon, the then 29-year-old assistant clerk of court at the San Fernando RTC. But in its latest ruling, the SC said it was lifting Arceo's dismissal after he had shown "sincere repentance" and after taking into account his contributions during his tenure in the judiciary. The court also took into account Arceo's accomplishments after getting dismissed and going into private practice. When he returned to private practice, Arceo handled cases involving poor litigants, neighbors, and close friends. In his application for judicial clemency, Arceo submitted 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. For these services, he was bestowed the award Gawad Bunying Abogadong Bulakenyo inj 2011, the SC noted. The court also took note that the Sandiganbayan, which convicted Areco in 2004 for violating the Anti-Sexual Harassment Law and Article 336 of the Revised Penal Code, had already granted him probation. As a result, all his civil rights were restored, including the right to be employed in the public service, which he had lost as a result of his conviction The SC said that while Arceo has already reached the retirement age for judges, “it cannot be doubted that he could still be of service to the government in some other capacity” considering his achievements and mental aptitude. In the same ruling, the high court ordered its Fiscal Management and Budget Office to compute Arceo’s accrued leave credits, if any, and to release them to the judge. The SC noted that Section 11, Paragraph 1 of Rule 140 of the Rules of Court explicitly exempts accrued leave credits from the penalty of forfeiture of benefits. Victim Dabon was first assigned at the Office of Clerk of Court Elenita Quinsay on August 10, 1995. During her first day at work, Dabon was introduced to Arceo, who the victim said looked at her "head to foot as if he were undressing me." On August 21 of the year, Arceo issued an executive order officially requiring her to report to his office, where she was assigned to do clerical duties. On December 6, 1995, the victim entered the Arceo's chamber at the Greenfields Country Club where the RTC was temporarily located. There, Arceo handed to her a folded yellow paper containing his handwritten poem. In its 1996 ruling dismissing the judge, the high court said: "Complainant found the poem repulsive (obscene) particularly the line saying 'Kapalaran ay malupit, di kita makatalik sa ngayon at bukas pagkat di mo ibig.'" "In her testimony, complainant said she considered the poem malicious because they were both married persons, and he was a judge and she was his subordinate," the SC said at that time. It was when Dabon tried to exit Arceo's office that he supposedly tried to hug and kiss her and told her that he loved her. —  KBK, GMA News