Castillo v. Calanog Jr.

199 SCRA 75 (1991)

Baby Mama Drama | Minsan ang sang pangakoy 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considered withdrawn because she was no longer interested in pursuing it.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 Calanogs 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 Emmas 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 peoples 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 Calanogs 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.