Castillo v. Calanog Jr.

199 SCRA 75 (1991)

“Baby Mama Drama | Minsan ang ‘sang pangako’y maihahambing sa isang

kastilyong buhangin”

 Emma Castillo charged Judge Manuel Calanog Jr of the RTC-QC and then
President of the Philippine Judges Association, with immorality and conduct
unbecoming of a public official.
 When Emma intervened in the case for intestate proceedings for her late
common-law husband, she asked the help of Judge Calanog after being
referred to by a mutual acquaintance.
 Calanog advised Emma to see him at his law office.
 He invited her to eat lunch but instead of taking them to a restaurant, he
proceeded to a motel where he made sexual advances on Emma.
 He propositioned to be her sub-husband and promised her his condo unit, as
well as financial support for her 2 minor children.
 Emma agreed =))
 They even had a common child, Jerome, but Judge Calanog refused to provide
financial support.
 Calanog moved to dismiss the complaint for being untrue.
 Later, Emma filed a sworn letter-request praying that her complaint be
considered withdrawn because she was no longer interested in pursuing it.
 Notwithstanding, the Court referred the case to the CA for investigation.
 During the investigation, Emma submitted an Affidavit of Desistance wherein
she denied totally the allegations of her complaint.
 2 employees of Judge Calanog’s sala stood firm on their testimonies against
Judge Calanog.
 The NBI, upon instruction of the Court, carried out a discreet verification of
facts raised and found that Emma was the mistress of Judge Calanog and
baby Jerome was their love child <3

Issues:
1. WON Emma’s subsequent Affidavit has any effect on the continuation of the
administrative case - NO
2. WON Judge Calanog is guilty of immorality and conduct unbecoming of a
public official - YES

Held:
 Generally, the Court attaches no persuasive value to affidavits of desistance,
especially when executed as an afterthought.
 It was established that Judge Calanog did establish an intimate, albeit
immoral, relationship with complainant Emma Castillo, although he is a
married man.
  Judge Calanog behaved in a manner not becoming of his robes and as a
model of rectitude, betrayed the people’s high expectations, and diminished
the esteem in which they hold the judiciary in general.
 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.
 Dismissed from the roll of judges, with prejudice to his reinstatement or
appointment to any public office including GOCCs and forfeiture of retirement
benefits.

Gutierrez, Dissent as to Penalty:

 Court should have considered Judge Calanog’s record of excellent public
service.
 Rule 138 Sec. 27, immorality is cited as reason for dismissal, suspension or
disbarment of a member of the Bar or Bench.
 The complaint is a liberated woman who appears to have no compunctions
about living in illicit relations with men (re: intestate proceedings of late
common-law husband).
 P40k penalty only and a severe warning.