Case Summary (G.R. No. 170574)
Background and Administrative Complaints
In 2010, the DOJ initiated investigations against Delfin S. Lee and others for fraud involving the Pag-IBIG Fund, leading to two DOJ cases. Mislang granted a temporary restraining order (TRO) at Lee's request, which barred the DOJ from proceeding with criminal charges. This action led to administrative complaints by both the HDMF and DOJ against Mislang for gross ignorance of the law, which were substantiated by a ruling in July 2016 that found him guilty.
Court's Rulings on Mislang's Actions
The Court assessed Mislang's actions in issuing the TROs and a writ of preliminary injunction, determining that no prejudicial question existed to justify such an intervention in the criminal prosecutions. The Court cited Mislang's persistent disregard for procedural law and indicated that his actions demonstrated bad faith and partiality in favor of Lee.
Previous Disciplinary History
Mislang's prior infractions were noted, including earlier findings of gross ignorance leading to penalties ranging from fines to suspension. Due to his repeated violations and failure to amend his conduct, the Court imposed the severe sanction of dismissal from service, which included forfeiture of retirement benefits and disqualification from future government employment.
Petition for Judicial Clemency
Following his administrative dismissal, Mislang filed a Petition for Judicial Clemency on September 22, 2021, seeking reinstatement with full benefits. He argued for clemency based on his extensive track record in government service, claims of financial hardship, and health issues requiring ongoing medical treatment.
Legal Standards for Judicial Clemency
The Court emphasized that judicial clemency is not guaranteed and is granted at its discretion, requiring several criteria to be met. These standards include demonstrating genuine remorse and reformation, sufficient time elapsed since the penalty, age considerations for potential service, promise of future contributions, and other relevant factors.
Evaluation of Mislang's Clemency Petition
The Court found that while the five-year minimum period since dismissal under prev
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Case Overview
- This case involves the administrative disciplinary complaints against Rolando G. Mislang, the former Presiding Judge of the Regional Trial Court (RTC) of Pasig City.
- The complaints were primarily initiated by the Department of Justice (DOJ) and the Home Development Mutual Fund (HDMF) due to Mislang's questionable issuance of temporary restraining orders (TROs) and a writ of preliminary injunction against the DOJ’s criminal proceedings involving Delfin S. Lee and Globe Asiatique Realty Holdings Corporation.
Background of the Case
- In 2010, the DOJ initiated a preliminary investigation against Delfin S. Lee and Globe Asiatique for fraudulent loans amounting to P6.5 billion, leading to criminal charges for syndicated estafa.
- Concurrently, Lee filed a civil complaint against HDMF for specific performance regarding housing loan agreements, which led to the issuance of a TRO and subsequent injunction against the DOJ's criminal cases by Judge Mislang.
- Mislang's actions resulted in multiple administrative complaints against him, culminating in the Court's ruling of gross ignorance of the law.
Key Events Leading to Administrative Complaints
- Mislang issued a TRO on August 16, 2011, favoring Lee, which was later expanded to a writ of preliminary injunction on September 5, 2011.
- The DOJ contested these orders, and the Court of Appeals annulled them for grave abuse of discretion.
- Mislang’s persistent actions to enj