Nabhan Vs Calderon

EN BANC
[A.M. No. MTJ-98-1164. February 4, 2000]

VICTORIA R. NABHAN, complainant, vs. JUDGE ERIC CALDERON,
MUNICIPAL TRIAL COURT, CALUMPIT, BULACAN, respondent.francis
RESOLUTION
PER CURIAM:
For resolution is the administrative complaint filed by Victoria R. Nabhan
against respondent Judge Eric T. Calderon of the Municipal Trial Court of
Calumpit, Bulacan, for acts of lasciviousness committed against her.
[1]
The facts in this case, as found by the Office of the Court Administrator, are
simple.
Nabhan was private complainant in a case pending before respondent judge,
involving a violation of the Bouncing Checks Law (B.P. 22) in the amount of
P175,750.00. According to complainant, respondent asked her to go to his
office on March 30, 1998 at 5:00 in the afternoon to discuss her case. While in
his office, respondent allegedly told complainant bluntly to buy him and a
certain Ernie Calderon some drinks if she wanted her case to prosper.
Complainant reluctantly agreed.novero
Complainant left respondent's office to tell her siblings she would be coming
home late. She then hired a jeepney to take her, respondent, and Ernie
Calderon to Baliuag, Bulacan. The driver of the jeepney was her brother-inlaw, Bernardino V. Pagaragan. On the way to Baliuag, respondent asked
complainant to sit beside him at the back of the jeepney to tell him more about
her case. Ernie Calderon sat beside the driver in front. Complainant obliged.
However, respondent put his arms around her waist and asked personal
questions. Respondent then touched complainant's breasts and told her not to
resist or else nothing would come out of her case. Complainant could only
shield her breasts with her bag as she was afraid that respondent would make
good his threat.
In Baliuag, the group went inside a bar. Respondent ordered four bottles of
beer for the group. He continued touching complainant's private parts while
inside the bar. Complainant tried to leave but respondent would not let her,
again threatening her that nothing would happen with her case. Respondent
and Ernie Calderon continued drinking until, finally, complainant told them that
she had only P1,500.00 with her. Respondent got the money from
complainant and paid the bill.nigel
Respondent asked to be brought to Pulilan, Bulacan. Along the way, he
continued to touch and threaten complainant. Complainant refrained from
making an outcry, afraid to lose her case. She was a single parent and she
needed the money for her child's needs.
We referred to the Office of the Court Administrator the administrative
complaint for its evaluation, report, and recommendation. In the meantime,
respondent was placed under preventive suspension.
In his counter-affidavit, respondent vehemently denied complainant's
accusations. He admitted that, indeed, complainant filed a criminal complaint
for violation of B.P. 22 before the Municipal Trial Court of Angat, Bulacan,
where he was temporarily assigned at the time of the alleged incident.
According to respondent, it was complainant who invited him and Ernie
Calderon out for some drinks. He at first refused since he had to attend mass
as it was the death anniversary of his father. While respondent was waiting for
a ride to Pulilan, complainant arrived on board a jeepney with two male
companions (including the driver). Respondent agreed to ride with them, as
complainant was very persistent that he did. As complainant started talking
about her case, respondent told her it was unethical for him to discuss with a
litigant a case pending in his sala.ella
Respondent denied having asked complainant personal questions and having
touched her. He said both of his hands were all the while clutching at the
handle bars at the jeepney's entrance because the driver was driving very
fast. Moreover, he could not have done the acts being imputed against him
since complainant had another male companion beside her who kept glancing
around. Besides, it was daytime and there were many houses on both sides of
the road as well as vehicles travelling on the road.
Respondent admitted having gone to a restaurant, not a bar, that day upon
the invitation of complainant, but denied having touched complainant in a
lascivious manner once they were inside. It was complainant who ordered
food and drinks and paid the bill, and rightly so since she was the one who
invited the group, according to respondent. In his testimony before the OCA
hearing officer, respondent stated that he stayed in that restaurant with
complainant and the others for around two hours.
It was also complainant, according to respondent, who insisted on giving him
a ride home to Pulilan. Respondent sat in front to give the driver
directions.marineel
After evaluating the pleadings filed and the testimonies of witnesses, the
Office of the Court Administrator found complainant's version of the incident
truthful. It disbelieved respondent's self-serving denials. Respondent admitted
having gone to a restaurant with complainant, although he denied he did
anything malicious to complainant. If it were true, however, that respondent
was eager to go to Pulilan to attend the memorial mass for his father, he
would not have stayed with complainant for two hours just eating and drinking.
He could have, after a short while, asked to be brought to Pulilan in time for
the mass. Apparently, respondent was more inclined to be with complainant
than to attend the mass for his father.
The OCA further observed that complainant might have been compelled to
tolerate respondent's sexual advances due to her desire to have the case she
filed decided in her favor. It also noted that respondent had some degree of
coercive power over complainant, who was party to a case he was supposed
to decide.brando
The OCA concluded that, for his misconduct, respondent did not deserve to
remain in the judiciary. It recommended that he be dismissed from the service
with forfeiture of benefits and prejudice to reemployment in government
service.
On January 26, 1999, before the OCA's report and recommendation in this
case was finalized, the Court promulgated its Resolution in A.M. No. 98-8105-MTC, Re: Leaves of Absence Without Approval of Judge Eric T.
Calderon, Municipal Trial Court of Calumpit, Bulacan. In that case, respondent
was found guilty of gross misconduct and abandonment of office. He was,
accordingly, dismissed from the service with forfeiture of all benefits and with
prejudice to reemployment in any branch, instrumentality or agency of the
government, including government-owned and -controlled corporations.
[2]
With the promulgation of the resolution in the aforecited case, the

recommendation of the OCA in the present case only strengthens the Court's
determination that respondent is unfit for judicial office. For obvious reasons,
however, we cannot remove again a dismissed officer. We are, thus,
constrained to accept the OCA's recommendations for his dismissal but deem
it now superfluous. This pronouncement, however, is without prejudice to the
filing of other appropriate charges against respondent as, in fact, complainant
has already filed a criminal complaint against respondent for acts of
lasciviousness before the Municipal Trial Court of Baliuag, Bulacan.micks
Time and again we have admonished judges to conduct themselves in a
manner that is free even from the appearance of impropriety. For judicial
officers to enjoy the trust and respect of the people, it is necessary that they
live up to the exacting standards of conduct demanded by the profession and
by the Code of Judicial Conduct. This is especially true in the case of judges
who, on a daily basis, interact with the public. Their official conduct, as well as
personal behavior, should always be beyond reproach.
[3]
[4]
WHEREFORE, as recommended, respondent Judge Eric T. Calderon, is

found guilty of the administrative charge against him for which he should
suffer the penalty of dismissal from the service with forfeiture of all benefits
and with prejudice to reemployment in any branch, instrumentality or agency
of the government, including government-owned and -controlled corporations.
But since he was already dismissed from office, the recommended penalty in
this case need no longer be imposed and implemented for being moot.iska
SO ORDERED.
Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza,

Panganiban, Quisumbing, Purisima, Pardo, Buena, Gonzaga-Reyes, YnaresSantiago, and De Leon, Jr., JJ., concur.

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EN BANC

[A.M. No. MTJ-98-1164. February 4, 2000]

With the promulgation of the resolution in the aforecited case, the

WHEREFORE, as recommended, respondent Judge Eric T. Calderon, is

Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza,

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