IN the spirit of Christmas, the Supreme Court (SC) extended clemency and mercy to a dismissed judge who was perpetually banned from public office—he has been permitted by the 15-man tribunal to rejoin the government.

In an eight-page resolution of the Court en banc, written by Justice Estela Perlas-Bernabe, SC granted judicial clemency to dismissed judge Hermin Arceo, formerly of the San Fernando, Pampanga Regional Trial Court (RTC) Branch 43.

This was after the High Court lifted his disqualification from re-employment in any branch of the government, including government-owned or -controlled corporations.

In addition, the Court also mandated the Fiscal Management and Budget Office to compute Arceo’s accrued leave credits, if any, and to release that to him.

In 1996, Arceo was sacked by the Court for gross misconduct and immorality on the complaint of lawyer Jocelyn Talens-Dabon, former clerk of court of the San Fernando, Pampanga RTC. He sought for judicial clemency in October this year.

The Court en banc cited the case of Castillo vs. Calanog Jr., it was shown that the penalty of disqualification slammed on a dismissed judge was later on forgiven by the Court after the he had shown sincere repentance and taking into account his contributions during his tenure in the judiciary.

In the current ruling, the High Court granted judicial clemency to Arceo, stating that he has sufficiently shown his remorse and reformation after his dismissal from the service.

The Judicial court argued 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.

In addition, it was later on discovered 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 Law and 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 section 11, paragraph 1 of Rule 140 of the Rules of Court, explicitly exempts accrued leave credits from the penalty of forfeiture of benefits.