EMMA J. CASTILLO, COMPLAINANT, VS. JUDGE MANUEL M. CALANOG, JR., RESPONDENT.

This refers to the “plea for judicial clemency and
compassion” of Atty. Manuel M. Calanog, Jr. Atty. Calanog was formerly
judge of the Regional Trial Court of Quezon City (Branch 7). In the decision of this Court of July 12,
1991 in this case, he was found guilty of immorality and ordered dismissed from
the service “with prejudice to his reinstatement or appointment to any
public office including a government-owned or controlled corporation, and
forfeiture of retirement benefits, if any.” He seeks, by his present
petition, (1) a review of his dismissal for the purpose of being considered as
having merely resigned from his position as an RTC judge; (2) the lifting of
the penalty of perpetual disqualification from appointment to any public office
or to any government-owned or controlled corporation; and (3) the nullification
of forfeiture of his retirement benefits.

Atty. Calanog does not seek a reconsideration of the decision in
this case considering that his motion to this effect was denied on October 1,
1991 and the decision against him is now final. Rather he pleads for mercy, to be exempted from further service
of the penalty imposed on him. In
support of his petition he alleges that sufficient time has elapsed since his
dismissal and that since then he has been “sufficiently punished and
disciplined;” that he has undergone moral reformation and he promises
never again to be involved “wittingly or unwittingly with any person or
activity which may adversely affect his character and integrity;” and that
except for this case he had an otherwise exemplary record as an RTC judge.

Concerned with safeguarding the integrity of the judiciary, this
Court has come down hard on erring judges, and justifiably so. Atty. Calanog accepts this as merited
punishment for such judges. He asks,
however, that in his case justice be tempered with mercy. Indeed the Court does not rule out the
possibility of reformation which, when proven and considered together with the
subject’s potentiality and promise, may earn for him the Court’s compassion. This is such a case.

As proof of his moral regeneration, Atty. Calanog alleges that he
has become active in religious and civic activities. He cites his membership in the Pag-Ibig sa Dios Catholic
Community and Bibliarasal; participation in the Life in the Spirit Seminar and
Marriage Encounter Class 148; his membership in the Board of Directors of the
Rotary Club of Mandaluyong and of the Guaranteed Education, Inc., his being
corporate secretary of Classic Plans, Inc., which offers educational plans to
students at all levels of education, and his being legal counsel of United
Mutual Benefit Association, Inc., Trustee of the Foundation for Sharing La
Sallian Education of the De La Salle University, and auditor of the Philippine
Federation of Pre-Need Plan Companies, Inc.

In support of his allegations, he has submitted testimonials by
Atty. Amado M. Santiago, Advising Elder of the Pag-Ibig sa Diyos Catholic
Community; Brother Rafael S. Donato of the De La Salle University; Jose B. Uy,
president of the Rotary Club of Mandaluyong; Mr. and Mrs. Roberto C. Albar of
the Lord’s Vineyard; Ernesto C. Hernandez, president of Classic Plans, Inc.,
and the Philippine Judges Association.

Atty. Calanog appears to be sincerely repentant. He describes the effect of the decision in
this case as a “healing surgery” for him.

Atty. Calanog is a relatively young man of 54. If his contributions^[1]
during the four years that he was an RTC judge were any measure of his
potentiality for public service,
he has productive years still ahead of him which should not be foreclosed. The penalty of disqualification from
appointment to any public office should be lifted so that the opportunity for
public service in other fields may be opened to him. His return to the judiciary may not be feasible at this time
considering the recency of our decision,^[2] but
certainly in the vast field of public service there should be room for the
gainful employment of his talents. Indeed in the past this Court showed compassion in imposing penalties,
taking into account the peculiar circumstances of the case. In one instance^[3] it
modified a judgment of dismissal and ordered the reinstatement of a judge.

As for the forfeiture of retirement benefits as ordered in our
decision, Atty. Calanog is not really entitled to any having only rendered four
years, seven months, and twenty four days of service in the government as RTC
judge from November 18, 1986 to July 12, 1991. There is, therefore, no basis for his request for payment of retirement
benefits to him.

WHEREFORE, the petition for clemency and
compassion of Atty. Manuel M. Calanog, Jr. is GRANTED and the penalty of
disqualification from public office imposed on him is LIFTED.

SO ORDERED.

Narvasa, C.J., Padilla, Bidin, Regalado, Romero, Bellosillo,
Melo, Quiason, Puno, Vitug, and Kapunan,
JJ., concur.

Feliciano, J., on leave.

Davide, Jr., J., no part.

^[1]
Atty. Calanog’s contributions as a judge is summarized in the separate opinion
of Justice Hugo Gutierrez, Jr. dissenting as to penalty imposed in the decision
of July 12, 1991, as follows:

Judge Calanog has positive
accomplishments in his favor. We are
not aware of any other shortcoming or offense committed by him. As a member of the Judiciary Planning
Development and Implementation Office (JPDIO), he has with talent and
resourcefulness represented Judges all over the country, bringing their
problems to the JPDIO and the Court’s attention. Judicial reforms are more readily implemented because of close
coordination between the Office of the Court Administrator and the Philippine
Judges Association (PJA) which the respondent headed until recently. The respondent initiated the College
Assurance Plan for children of Judges and a modest insurance plan which gives
death benefits to qualified members. He
has tried his best these past few years to push through a housing development
for members of the bench and apparently his efforts are about to bear
fruit. He and the other officers of the
PJA have shown unfailing respect for and cooperation with this Court. Respondent Calanog has rallied all Judges to
stand behind the Court when we were unfairly charged or subjected to senseless
vituperation. The respect which members
of the bench and bar have accorded to the respondent is shown by the warm
receptions extended to him in Cebu, Bacolod, Davao, and other parts of the
country when the PJA officers visit their fellow Judges or attend judicial
conferences and conventions.

^[2]
Atty. Calanog himself concedes that a return to the judiciary may not be
opportune.

^[3]
In Re: Petition for the Dismissal from
Service and/or Disbarment of Judge Baltazar R. Dizon, 173 SCRA 721 (1989).