Case Summary (A.M. No. RTJ-17-2498)

Petition for Judicial Clemency

The petition for judicial clemency was filed by Judge Betlee-Ian J. Barraquias, the then Presiding Judge of the Regional Trial Court (RTC) of Jolo, Sulu. He sought to apply for a position as a presiding judge in any RTC in Manila but faced disqualification due to a prior penalty imposed on him for undue delay in rendering decisions. The penalty consisted of a fine of P10,000.00, which he paid on August 31, 2017. Judge Barraquias argued that he had learned from his past mistakes and highlighted the threats to his life and family from the Abu Sayyaf group, making it difficult for him to return to Jolo.

• Judge Barraquias filed a petition for judicial clemency.
• He was previously penalized with a fine of P10,000.00 for undue delay.
• He expressed a desire to apply for a judicial position in Manila.
• He cited threats to his life and family as reasons for not returning to Jolo.

Disqualification Under JBC Rules

Judge Barraquias referenced Section 5 (2) (c), Rule 4 of the 2016 Revised Rules of the Judicial and Bar Council (JBC Rules), which disqualifies individuals from being nominated for judicial positions if they have been found guilty in an administrative case with a penalty of at least P10,000.00, unless they are granted judicial clemency. He emphasized that his prior penalty disqualified him from judicial appointments unless he received clemency.

• JBC Rules disqualify individuals with certain administrative penalties from judicial appointments.
• Judge Barraquias' prior penalty of P10,000.00 led to his disqualification.
• He sought judicial clemency to overcome this disqualification.

Guidelines for Judicial Clemency

The Court previously established guidelines for granting judicial clemency in the case of In Re: Letter of Judge Augustus C. Diaz. These guidelines include the necessity of demonstrating remorse and reformation, sufficient time elapsed since the penalty, the age of the applicant, promise of future contributions, and other relevant factors. The guidelines were refined in the Ong case, which emphasized the need for reconciliation with any offended parties and a public apology when applicable.

• Guidelines for judicial clemency include proof of remorse and reformation.
• Sufficient time must have passed since the penalty was imposed.
• The applicant's age and potential for future contributions are considered.
• The Ong case refined the clemency guidelines, emphasizing reconciliation and public apology.

Application of the Diaz Guidelines

The Court determined that Judge Barraquias' petition would be evaluated under the Diaz guidelines, as his petition was filed before the promulgation of the Ong guidelines. Upon review, the Court found that Judge Barraquias had demonstrated remorse and reformation. He accepted responsibility for his past actions and received numerous letters of support from various individuals and organizations attesting to his character and qualifications.

• The Court applied the Diaz guidelines to Judge Barraquias' petition.
• He demonstrated remorse and accepted responsibility for his actions.
• Numerous letters of support were submitted, highlighting his character and qualifications.

Evidence of Reformation and Productive Years Ahead

The Court noted that Judge Barraquias had disposed of 1,151 cases since his previous penalty, indicating significant professional activity and reformation. Additionally, he was only 49 years old, suggesting that he still had many productive years ahead. The Court found no ...continue reading