Title
Omar vs. Barraquias
Case
A.M. No. RTJ-17-2498
Decision Date
Sep 28, 2021
Judge Barraquias, fined for undue delay, sought clemency citing threats, reformation, and support. Court granted clemency, citing remorse, time lapse, and productive years.

Case Digest (A.M. No. RTJ-17-2498)
Expanded Legal Reasoning Model

Facts:

Background of the Case
Judge Betlee-Ian J. Barraquias, then Presiding Judge of the Regional Trial Court (RTC) of Jolo, Sulu, Branch 4, was found guilty of undue delay in rendering a decision or order. In a Resolution dated June 19, 2017, the Court imposed a fine of P10,000.00 on him, with a stern warning that a repetition of the same or similar act would result in a more severe sanction. Judge Barraquias paid the fine on August 31, 2017, in compliance with the Court's Resolution.

Petition for Judicial Clemency
On July 23, 2018, Judge Barraquias filed a Petition for Judicial Clemency, seeking to be considered for a position as a presiding judge in any RTC in Manila. He cited Section 5(2)(c) of the 2016 Revised Rules of the Judicial and Bar Council (JBC Rules), which disqualifies individuals who have been fined at least P10,000.00 in an administrative case from being nominated for judicial posts unless granted judicial clemency.

Reasons for the Petition
Judge Barraquias argued that it was difficult for him to return to Jolo, Sulu, due to threats to his life and his family's safety from the Abu Sayyaf. He also claimed to have learned from his past mistakes, citing his disposal of 413 cases within one year while serving as an Acting/Assisting Judge in three courts. He sought clemency to allow him to apply for judicial positions outside Jolo, Sulu.

Supporting Documents
The Court received numerous letters of support from various individuals and organizations, including the Philippine Judges Association, Integrated Bar of the Philippines (IBP) chapters, local government officials, and other judges, attesting to Judge Barraquias' reformation, qualifications, and exemplary character.

Issues:

  • Whether Judge Barraquias is entitled to judicial clemency under the guidelines set forth in *Re: Letter of Judge Augustus C. Diaz*.
  • Whether the Court should grant his petition for judicial clemency to allow him to be considered for judicial positions despite his prior administrative penalty.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

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