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

In a sworn complaint dated January 17, 1990, docketed as Adm. Matter No. RTJ-90-447,
Emma J. Castillo charged Judge Manuel M. Calanog,
Jr., Presiding Judge of the Regional Trial Court of Quezon
City, Branch 76, with immorality
and conduct unbecoming of a public official. 
The sworn complaint is copied in full:

January
17, 1990

The Honorable Justice

Supreme Court of the Philippines

Padre Faura, Manila

Attn:  Hon.
Marcelo B. Fernan

Chief Justice, Supreme Court

Your Honors:

I would like to register this letter-complaint against the
Presiding Judge of the Regional Trial
Court of Quezon City, Branch 76 who is likewise the
incumbent President of the Philippine Judges Association, Judge Manuel
M. Calanog, Jr., for immorality and conduct
unbecoming of a public official.

Sometime in 1987, when I intervened in the case for (sic) intestate
estate of my late common-law husband which was then pending before the RTC,
Branch 94, Quezon City, where incidentally Judge
Manuel M. Calanog, Jr. was temporarily holding office
at that time, the latter was referred to me by an acquaintance of mine as a
person who could assist me and help facilitate for (sic) the early termination
of the case in my favor.  Subsequently, I
personally met Judge Manuel M. Calanog, Jr. in his
office located at the 11th floor of the Quezon City Hall
where he transferred.  At the said
meeting, he advised me to see him at his law office located in Mandaluyong, Metro Manila which I did.  When I met him at noon, he invited me to eat in a restaurant and even asked
me to ride with him in his car but instead, to my surprise, he took me to a
motel where he made sexual advances on me. 
As he did not succeed in his evil design, he asked me if I will (sic) agree to the proposition that he be my
sub-husband (sic) and promised to give me his condominium unit located at Pagasa Bliss Condominium, Quezon
City, as well as to provide financial
support for my two (2) minor
children and place them in an exclusive school for girls.  Due to confusion because of the untimely
death of my common-law husband coupled with the persistent pleadings of Judge
Manuel M. Calanog, Jr., he was able to convince me.  Upon
giving my consent, he immediately gave his condominium unit no. 19-22 at Pagasa Bliss Condominium, Quezon City, where l and my two
(2) minor daughters reside up to the present. 
On May 27, 1989, as a result of our relationship, l gave
birth to a baby boy which (sic) we named Jerome Christopher Calanog.

Judge Manuel M. Calanog, Jr. is very
well-known to my two (2) minor daughters as they fondly called him as
“Tito Nonong“.

From the time I gave birth to our son Jerome Christopher Calanog, said Judge Manuel M. Calanog,
Jr. has refused to provide us financial support nor placed my two (2) minor daughters to an
exclusive school as he had promised. 
Worst, to the present, he fails and refuses to pay the monthly
installments of the condominium unit he gave
to me despite being informed by the
National Housing Authority that we will
be evicted from the said place for failure
to pay the same.  Despite my
repeated verbal demands for him to give us, or at least his son Jerome
Christopher Calanog; financial support, Judge Manuel
M. Calanog, Jr. just ignored my pleas.

May I then ask and pray that justice be given to me and my children
or at least for my son Jerome Christopher Calanog?
May I further request that the proper sanction be meted against Judge Manuel M.
Calanog, Jr. for his conduct unbecoming of a public
official and immorality?

Very truly yours,

(Sgd.) EMMA
J. CASTILLO

Bldg. 19-22 Bliss Pagasa, Q.C.

SUBSCRIBED AND SWORN to before me this Jan. 25, 1990,
at Quezon City,
Metro Manila, affiant exhibited to me her
Res. Cert. No. 500827K issued at Quezon City, Metro Manila, on January 19, 1990.

(Sgd.) JOSE
L. MA SANTOS

Notary Public

Comm. until Dec. 31, 1991

PTR No. 8016341-Q.C.

 Jan.
2, 1990

TAN: 1525-203-4

Doc. No. 89;

Page No. 19;

Book No. 238;

Series of 1990.

Copy furnished:

All SC Justices

Ombudsman

NBI, Manila^[1]

Acting on the complaint filed by Castillo, the Court required the
respondent to answer.  The respondent
took time in answering the complaint.  It
was only after two motions for extension of time to file answer did he file on April 10, 1990 his two-paragraph
Answer dated April 5, 1990 followed by another two-paragraph pleading entitled
“Supplemental Answer” dated May 30, 1990.  In both answers he simply averred that the
complainant “has expressly stated that she is no longer interested in
pursuing the same (complaint) and therefore, pray that the said complaint be
considered withdrawn.” The respondent prayed “that the instant case
be considered Withdrawn and/or Dismissed.”
In his Supplemental Answer he “vehemently denies for being untrue the
material allegations of complainant in her letter-complaint dated January 17, 1990.” He reiterated his prayer “that
the instant case be dismissed.” Later, on February 5, 1990, the complainant filed a sworn
letter-request dated February 1, 1990,
praying that her complaint be considered withdrawn “because I (she) am no
longer interested in pursuing it.”^[2]
Just like that.

Notwithstanding the turn of events, the Court, as a matter of procedure in cases of this
serious nature, on September 6, 1990,
issued a Resolution referring the case to Associate Justice Gloria C. Paras of the Court of Appeals for investigation, report, and
recommendation.

In her investigation, Justice Paras
heard the testimonies of Ernesto Bustamante and Jose
Javier, both employees in the sala of the respondent.

On October 19, 1990,
the complainant submitted a formal
“Affidavit of Desistance” in which she denied totally the allegations
of her complaint:

2.   That after I have filed the above-complaint,
I began to be bothered by my own conscience inasmuch as what I have narrated
therein are not true, especially the fact that I had an amorous relationship
with him and that my child
namely Jerome Christopher is his son and also the fact that I was given by him
a condominium unit located at my above address;

3.  That after filing, however, the
above-mentioned letter- complaint with the Supreme Court, I have come to my
right senses and realized the injustice I have committed against Judge Manuel M. Calanog,
Jr., so that as an evidence of repentance and desire on my part to straighten
everything I executed that letter addressed to the Honorable Justices of the
Supreme Court which I filed with the Office of the Chief Justice on January 26,
1990 manifesting therein that I am considering my subject complaint against
Judge Manuel M. Calanog, Jr. as withdrawn and that I
am no longer interested in further pursuing it and that recently I asked the forgiveness of Judge Manuel M. Calanog, Jr. for the dishonor I have done to him as a
consequence of the subject complaint and I was forgiven by him;^[3]

The other witnesses, namely Ernesto Bustamante
and Jose Javier, however, stood firm on their testimonies.

Jose Javier, who had worked as court interpreter in the sala of the respondent for almost ten years, testified on
the circumstances mentioned in the following affidavit:

1.   During my stay with Branch 76, Quezon City, my extra work given to me by Honorable Manuel
M. Calanog, Jr. is to bring the weekly allowance of
Ms. Emma J. Castillo and to pay the monthly electric and water bills or the
said Bliss located at Blg. 19-22 Apartment, Pag-asa, Quezon City where Ms.
Emma J. Castillo is residing and also instructed me last May 25, 1989 to bring
Ms. Emma J. Castillo to the Chinese General Hospital to give birth and further
instructed me to fetch from the hospital Ms. Emma J. Castillo after having
given birth to a Baby Boy named JEROME CHRISTOPHER CALANOG and also on February
1990 instructed me to secure educational plan for JEROME CHRISTOPHER CALANOG in
the amount of P534.00 for first payment only.

2.  In view of being a lay minister of Mary
Immaculate Concepcion
Parish Church
at Pasig,
Metro Manila who distributes Holy Communion during Holy Mass on Sundays, I
considered to (sic) revolting to my conscience to be an errand boy by doing
every now and then.^[4]

xxx                        xxx                   xxx

In addition, the National Bureau of Investigation Intelligence
Service, upon the instruction of this Court, carried out a discreet verification of the facts raised in the
testimonies and furnished the following information:

xxx                        xxx                   xxx

On June 29, 1990
initial discreet verification disclosed that indeed EMMA J. CASTILLO resides at
#19-22 Bliss Condominium, Pag-Asa, Q.C.,

xxx                        xxx                   xxx

It was further discreetly gathered at that time that EMMA J.
CASTILLO, is the mistress of a Judge of a Quezon City Court; about 50
plus years old; always wearing long sleeve shirt.

Further initial discreet verification also revealed that EMMA J.
CASTILLO has three children and that the youngest is still a baby.

On June 30,1990,
it was discreetly gathered from Judge CALANOG’s staff
at Branch 76, RTC, Q.C., that subject CALANOG is scheduled to leave the country
for China on a
vacation.

On same day, from another source who is familiar with EMMA J.
CASTILLO, it was discreetly gathered that EMMA J. CASTILLO is the mistress of a
Judge of a Quezon City Court
and has three children.  Accordingly,
this Judge has been frequently seen at EMMA J. CASTILLO’s unit, especially during
the afternoon and that when they go out, they walk separately, pretending not
to know each other.

xxx                        xxx                   xxx

On the same day, it was discreetly verified from the National
Housing Authority (NHA) that a Bliss Condominium #19-22 was originally awarded
to one EVANGELINE JACINTO, who is an employee of NHA.  JACINTO sold her rights to the said
condominium unit to one Atty. CAMAYA who happens to be a close friend of
subject CALANOG.  Atty. CAMAYA’s wife, MELY CAMAYA is also familiar with Subject
CALANOG because she used to work at the RTC where Subject CALANOG is the judge. 
Atty. CAMAYA sold his Bliss Condominium unit #19-22 to Subject CALANOG.  However, monthly amortization payments were
made still under the name of EVANGELINE JACINTO.  About a month ago, EMMA J. CASTILLO approached EVANGELINE JACINTO and requested the latter to sign an Absolute
Deed of Sale for the said condominium unit #19-22 in her (Emma J. Castillo)
favor.  All the copies of said Absolute
Deed of Sale are with EMMA J. CASTILLO.  Per NHA records, Emm
J. Castillo has not yet presented the said absolute deed of sale with NHA.

On 2 July 1990,
a Barangay Census record (attached) was discreetly
obtained where EMMA J. CASTILLO, in her own handwriting, listed the names of
all her co-occupants in the said
condominium unit.  At the bottom of said
list, Emma listed the names of her children, including JEROME CHRISTOPHER, born
27 May 1989.  An opportunity arose where the child JEROME
CHRISTOPHER was personally seen inside the said condominium unit.

On 2 July 1990,
a Certified True Copy of the BIRTH CERTIFICATE of the child JEROME CHRISTOPHER
was discreetly obtained from the National Statistics Office (attached).  In this Birth Certificate, the surname of the
child JEROME CHRISTOPHER is listed as CALANOG. 
Furthermore, in this Birth Certificate, the listed parents of the child
JEROME CHRISTOPHER are EMMA J. CASTILLO as mother, and MANUEL M. CALANOG as
father.  EMMA J. CASTILLO gave birth at
the Chinese General Hospital.^[5]

xxx                        xxx                   xxx

Among the issues raised for our determination are:

1) Whether or not the “Affidavit of Desistance” has any
effect on the continuation of the administrative case; and

2) Whether or not the circumstances shown are sufficient to
convict the respondent judge for immorality and conduct unbecoming of a public
official.

Generally, the Court attaches no persuasive value to affidavits of
desistance, especially when executed as an afterthought, as in the case at bar.^[6]
As held in People v. Obina:

It would be a dangerous rule for courts to reject testimonies
solemnly taken before the courts of justice simply because the witnesses who
had given them later on changed their mind for one reason or another; for such
rule would make solemn trials a mockery and place the investigation of truth at
the mercy of unscrupulous witness.^[7]

Even if Emma Castillo had not filed her “Affidavit of
Desistance,” we would not have been swayed solely by her allegations, and
we find from the testimony of Jose Javier that the former’s
charges, indeed, rest on sufficient grounds.

As alleged by the complainant, verified by Justice Gloria C. Paras, and confirmed by Jose Javier and agents of the
National Bureau or Investigation, Judge Calanog did
establish an intimate, albeit immoral, relationship with complainant Emma
Castillo although he, Judge Calanog, is a married
man.  Out of that liaison Emma Castillo
gave birth to Judge Calanog’s child, Jerome
Christopher, whom he housed in a condominium unit together with his (Jerome’s)
mother and her two older children.

Judge Calanog has behaved in a manner
not becoming of his robes and as a model or rectitude, betrayed the people’s
high expectations, and diminished the esteem in which they hold the judiciary
in general.

It is of no import that the evidence on record is not sufficient
to prove beyond reasonable doubt the facts of concubinage
having indeed existed and been committed. 
This is not a criminal case for concubinage
but an administrative matter that invokes the power of supervision of this
Court over the members of the judiciary.

The circumstances show a lack of circumspection and delicadeza on the part of the respondent judge by failing
to avoid situations that make him suspect to committing immorality and worse,
having that suspicion confirmed.

Canon I states:

xxx                        xxx                   xxx

Rule 1.01 — A judge should be the embodiment of competence,
integrity, probity and independence.

The Court’s Commentary on this Rule states:

The integrity and independence of the judiciary can be reduced to
one common denominator: the judge–the individual who dispenses justice, and
upon whose attributes depend the public perception of the judiciary.

Independence or the
judiciary requires that the judge should be independent-minded, imbued with a
sense of mission, a person of honor, integrity, courage and conviction.^[8]

Under Rule 140, Immorality is classified under “Serious
Charges”.  This means that the
following sanction may be imposed:

Dismissal from the service with forfeiture of benefits (except
accrued leaves) and disqualification from reinstatement or appointment to any
public office including a government-owned or controlled corporation;^[9]

The Code of Judicial Ethics mandates that the conduct of a judge
must be free of a whiff of impropriety not only with respect to his performance of his judicial
duties, but also to his behavior outside his sala and
as a private individual.  There is no
dichotomy of morality:  a public official
is also judged by his private morals. 
The Code dictates that a judge, in order to promote public confidence in
the integrity and impartiality of the judiciary, must behave with propriety at
all times.  As we have very recently
explained, a judge’s official life can not simply be detached or separated from
his personal existence.  Thus:

Being the subject of constant public
scrutiny, a judge should freely and willingly accept restrictions on
conduct that might be viewed as burdensome by the ordinary citizen.

A judge should personify judicial integrity and exemplify honest
public service.  The personal behavior of
a judge, both in the performance of official duties and in private life should
be above suspicion.^[10]

Justice Gloria C. Paras of the Court of
Appeals, the assigned investigator of this case, submitted on November 19, 1990 her report and
recommendation the ultimate portions of which state:

xxx                        xxx                   xxx

The statements of the aforesaid witnesses, Ernesto Bustamante and Jose Javier confirm the amorous relationship
between the respondent and the complainant. 
The Investigator is of the view that the respondent who is a married
man, and a member of the judiciary and the incumbent President of the
Philippine Judges Association, had committed immorality.

Exacting standards of morality and decency have been strictly
adhered to and laid down by the Highest Court of the land in regard to those in
the service of the judiciary and more specifically so when the malefactor is a judge (Sicat
vs. Alcantara, 161 SCRA 284 [1988]).  It need not be stated that the personal and
official actuations of every member of the bench must be beyond reproach and
above suspicion for the faith and confidence of the public in the administration
of justice can not be maintained if a Judge who dispenses it is not equipped
with the cardinal judicial virtue of moral integrity, and if he obtusely
continues to commit an affront to public decency.  The Supreme Court, in the case of Leynes vs. Veloso, 82 SCRA (1978),
has also said:  “A Judge suffers
from moral obtuseness or has a weird notion of morality in public office when
he labors under the delusion that he can be a judge and at the same time have a
mistress in defiance of the mores and sense of morality of the community.  The absence of criminal liability does not
preclude disciplinary action by reason of his highly unconventional and
censurable behaviour.”

Concluding, the undersigned Investigator respectfully recommends
that:

(1) The “Motion to Strike Out Testimony From The
Records”, filed by counsel for the complainant be DENIED; and

(2)  respondent Judge Manuel M. Calanog, Jr. be found
guilty of immorality and be meted out the severest disciplinary action of
Dismissal from the service with prejudice to appointment to any government
position and forfeiture of retirement benefits, if any.

We have examined the entire record of the case vis-a-vis this report and recommendation and we are in full
accord with them.

It is worth noting here
that the respondent judge, in violating a judicial precept, has also committed a grave injustice upon the
complainant, who had sought his assistance in expediting the intestate estate
proceedings of her deceased common-law husband. 
The judge, who was in the first place, prohibited by the Code of
Judicial Conduct^[11]
from intervening in a case in any court, took
advantage of the complainant’s helplessness and state of material deprivation
and persuaded her to become his mistress. 
The exploitation of women becomes even more reprehensible when the
offender commits the injustice by the brute force of his position of power and
authority, as in this case.

WHEREFORE, the respondent Judge, the Hon. Manuel M. Calanog, Jr., is found guilty of IMMORALITY and is hereby DISMISSED
from the roll of judges, 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. 
Let a copy of this resolution be included in his
record and be served on all courts throughout the land.

SO ORDERED.

Melencio-Herrera, Feliciano, Padilla,
Bidin, Sarmiento, Griño-Aquino, and Regalado, JJ., concur.

Gutierrez, Jr., J., please see dissent.

Fernan, C.J., Narvasa,
Cruz, and Medialdea,
JJ., join Justice Gutierrez, Jr. in his dissent.

Paras and
Davide, Jr., JJ., no
part.

Gancayco, J., on leave.

^[1]
Rollo, 1.

^[2]
Id., 4.

^[3]
id., at 43.

^[4]
Id., at 48.

^[5]
Confidential Report of the NBI, Department of Justice, addressed to the Hon. Chief Justice
Marcelo B. Fernan, dated July 5, 1990.

^[6]
PLDT v. NLRC, No. 74562, July 31,
1987, 152 SCRA 707;
People v. Royo, No. 52038, May 31, 1982, 114 SCRA 309.  See Bais v. Tugaoen, Adm. Matter No. 1294-MJ, March 23, 1979, 89 SCRA 109.

^[7]
97 Phil. 515 cited in PLDT v.
NLRC, supra, and People v.
Galicia, No. L-39235, July 25, 1983, 123 SCRA 556.

^[8]
Code of Judicial Conduct, 1989

^[9]
Approved by the Resolution of the Court En Banc dated November 22, 1990.

^[10]
Commentaries on Canon 2.01, Code of Judicial Conduct, supra note 7.

^[11]
Canon 2, Rules 2.01, 2.03, 2.04.

Clean
Clean

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