Case Digest (A.M. No. RTJ-17-2498)
Facts:
- Ahmad Omar filed a complaint against Judge Betlee-Ian J. Barraquias of the RTC Branch 4 in Jolo, Sulu.
- On June 19, 2017, the Supreme Court found Judge Barraquias guilty of undue delay in rendering decisions, resulting in a fine of P10,000.00 and a warning regarding future conduct.
- Judge Barraquias paid the fine on August 31, 2017.
- On July 23, 2018, he applied for judicial clemency to be considered for a presiding judge position in any RTC in Manila.
- He was disqualified under Section 5 (2) (c), Rule 4 of the 2016 Revised JBC Rules due to his previous penalty.
- Judge Barraquias cited threats to his life and family from the Abu Sayyaf group, complicating his return to Jolo, Sulu.
- He highlighted his reform efforts, having disposed of 413 cases in the year following his penalty.
- The JBC Rules disqualify applicants with administrative penalties of at least P10,000 unless judicial clemency is granted.
- He referenced the guidelines for judicial clemency from the case of In Re: Letter of Judge Augustus C. Diaz.
Issue:
- (Unlock)
Ruling:
- The Supreme Court granted Judge Betlee-Ian J. Barraquias' petition for judicial clemency.
- The Court recognized the merit in his claims of remorse and reformation, allowin...(Unlock)
Ratio:
- The Supreme Court utilized the guidelines from In Re: Letter of Judge Augustus C. Diaz to assess judicial clemency.
- Judge Barraquias demonstrated genuine remorse and reformation, accepting responsibility for his past actions and committing to expeditiously dispose of cases.
- Numerous letters of support from legal and community leaders attested to his character and qualifications.
- The Court...continue reading
Case Digest (A.M. No. RTJ-17-2498)
Facts:
The case involves Ahmad Omar as the complainant against Presiding Judge Betlee-Ian J. Barraquias of the Regional Trial Court (RTC) Branch 4 in Jolo, Sulu. The events leading to this case began with a Resolution dated June 19, 2017, wherein the Supreme Court found Judge Barraquias guilty of undue delay in rendering a decision or order. As a consequence, he was penalized with a fine of P10,000.00 and received a stern warning regarding future conduct. Judge Barraquias complied with this penalty by paying the fine on August 31, 2017. Subsequently, on July 23, 2018, Judge Barraquias filed a Petition/Application for Judicial Clemency, expressing his desire to apply for a presiding judge position in any RTC in Manila. However, he was disqualified under Section 5 (2) (c), Rule 4 of the 2016 Revised Rules of the Judicial and Bar Council (JBC Rules) due to the penalty he had received. In his petition, he cited threats to his life and that of his family from the Abu Sayyaf group, which made returning to Jolo, Sulu difficult. He also highlighted his efforts in reform, noting that he had disposed of 413 cases in the year following his penalty. The JBC Rules stipulate disqualification for applicants with administrative cases resulting in a fine of at least P10,000 unless judicial clemency is granted. The Supreme Court had previously established guidelines for granting judicial clem...