Case Summary (A.M. No. MTJ-91-565)
Allegations and Initial Findings
Judge Rivera was dismissed on August 30, 1993, for committing gross misconduct when he kissed his boarder's daughter while inebriated during a birthday celebration. This act was deemed prejudicial to the best interest of the Judiciary. The dismissal included forfeiture of all retirement benefits, except for the cash value of accrued leave credits, and a prohibition from being re-employed in any government service.
Requests for Judicial Clemency
More than a decade after his dismissal, Judge Rivera submitted letters on November 17, 2004, and June 17, 2005, requesting judicial clemency. In these letters, he expressed remorse for his actions, indicated he had accepted his punishment, and noted that this was his first offense. He appealed for the release of his retirement benefits based on humanitarian grounds, citing both his long service of over thirty-five years in government and the financial difficulties he was experiencing as he faced health issues and old age.
Presentation of Health and Financial Circumstances
In his June letter, Judge Rivera detailed his medical condition, listing several ailments including cataracts, prostatic enlargement, and hypertension that significantly affected his quality of life. He described his financial struggles, relying on irregular assistance from family members and stating he had difficulty maintaining basic living conditions.
Ethical Expectations of Judges
The response from the judiciary emphasized the importance of judges maintaining high ethical standards and comporting themselves in a manner that withstands societal scrutiny. While recognizing judicial conduct must be exemplary, the Court acknowledged the need for compassion in appropriate contexts, stating that justice should not exist without mercy.
Re-evaluation of Penalty
Taking into account the circumstances surrounding Judge Rivera’s pleas for clemency, the Court noted this was a singular incident in his otherwise commendable career. His expression of remorse, acceptance of prior sancti
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Case Background
- The case involves a complaint against Judge Pedro C. Rivera, Jr., stemming from a Resolution dated August 30, 1993, which dismissed him from judicial service for gross misconduct.
- The gross misconduct was defined as the act of kissing his boarder's daughter while under the influence of alcohol during his birthday celebration.
- The original ruling included a complete dismissal from the service, forfeiture of retirement benefits, and an immediate cessation of any judicial functions.
Respondent's Pleas for Clemency
- After over 11 years, Judge Rivera requested the court's clemency in letters dated November 17, 2004, and June 17, 2005.
- In his November letter, he expressed acceptance of the prior verdict, emphasizing humanitarian grounds for reconsideration.
- He argued that he had learned from his mistakes and requested the restoration of his monetary benefits and the opportunity to work in a government capacity as a consultant.
- He highlighted his long service of over thirty-five years, four of which were in the judiciary, and noted that this was his first administrative offense.
Personal Circumstances of Respondent
- In his June letter, Judge Rivera detailed his declining health and significant financial hardships.
- He listed multiple medic