Thursday, April 12, 2012

JUDICIAL CLEMENCY; standards - sc.judiciary.gov.ph/jurisprudence/2012/march2012/12-2-6-SC.html

sc.judiciary.gov.ph/jurisprudence/2012/march2012/12-2-6-SC.html

"x x x.


In A.M. No. 07-7-17-SC (Re: Letter of Judge Augustus C. Diaz, Metropolitan Trial Court of Quezon City, Branch 37, Appealing for Clemency),7 the Court laid down the following guidelines in resolving requests for judicial clemency, thus:

"1. There must be proof of remorse and reformation. These shall include but should not be limited to certifications or testimonials of the officer(s) or chapter(s) of the Integrated Bar of the Philippines, judges or judges associations and prominent members of the community with proven integrity and probity. A subsequent finding of guilt in an administrative case for the same or similar misconduct will give rise to a strong presumption of non-reformation.

2. Sufficient time must have lapsed from the imposition of the penalty to ensure a period of reform.

3. The age of the person asking for clemency must show that he still has productive years ahead of him that can be put to good use by giving him a chance to redeem himself.

4. There must be a showing of promise (such as intellectual aptitude, learning or legal acumen or contribution to legal scholarship and the development of the legal system or administrative and other relevant skills), as well as potential for public service.

5. There must be other relevant factors and circumstances that may justify clemency."

Applying the foregoing standards to this case, the Court finds merit in petitioner's request.


A review of the records reveals that petitioner has exhibited remorsefor her past misdeeds, which occurred more than ten (10) years ago. While she was found to have belatedly filed her motions for additional time to resolve the aforecited cases, the Court noted that she had disposed of the same within the extended period sought, except in A.M. No. 99-2-79-RTC where she submitted her compliance beyond the approved 45-day extended period.8 Nevertheless, petitioner has subsequently shown diligence in the performance of her duties and has not committed any similar act or omission.9 In the Memorandum of the Office of the Court Administrator, her prompt compliance with the judicial audit requirements of pending cases was acknowledged and she was even commended for her good performance in the effective management of her court and in the handling of court records.10


x x x."