Title
Omar vs. Barraquias
Case
A.M. No. RTJ-17-2498
Decision Date
Sep 28, 2021
Judicial clemency is granted to a previously sanctioned judge for undue delay in exchange for his expressions of remorse and qualifications, amidst threats to his safety.
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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

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