Case Summary (A.M. No. RTJ-17-2498)
Background of the Case
This case revolves around the petition for judicial clemency filed by Judge Betlee-Ian J. Barraquias, who sought to lift his disqualification from applying for positions as a presiding judge in any Regional Trial Court (RTC) in Manila due to a previous administrative penalty for undue delay in rendering decisions. The penalty, a fine of P10,000.00, was related to his failure to decide cases in a timely manner, which the court had reprimanded in a resolution dated June 19, 2017. Judge Barraquias complied with the fine payment on August 31, 2017.
Applicable Law
The application for judicial clemency is governed by Section 5 (2) (c), Rule 4 of the 2016 Revised Rules of the Judicial and Bar Council (JBC Rules). This provision stipulates that individuals found guilty of administrative offenses, resulting in penalties of suspension for at least ten days or fines amounting to P10,000 or greater, are disqualified from judicial appointments unless granted clemency.
Grounds for Judicial Clemency
Judge Barraquias indicated that he is disqualified from applying for any judicial post under the JBC Rules due to the fine imposed. He argued that this penalty arose from an incident several years prior, and emphasized his reformation and commitment to professional improvement. Notably, he highlighted the risks he faced in Jolo, Sulu, due to threats from local terrorist groups, asserting that relocation to Manila would offer a safer environment for him and his family.
Evidence of Remorse and Reformation
Under the framework established by the Supreme Court in the case of Diaz, the Court evaluates requests for judicial clemency based on specific criteria such as evidence of remorse, sufficient time since the penalty was imposed, age, and potential for public service. In the context of this case, Judge Barraquias presented several letters of support from notable individuals and organizations endorsing his character and performance improvements, including certifications from various chapters of the Integrated Bar of the Philippines and local government officials.
Reformation and Employment History
The records indicated that since the penalty, Judge Barraquias has successfully disposed of 1,151 cases across various courts, illustrating his commitment to judicial efficiency. The lapse of more than seven years since the penalty also strengthens his ca
...continue readingCase Syllabus (A.M. No. RTJ-17-2498)
Introduction
- The case involves a petition for judicial clemency filed by Judge Betlee-Ian J. Barraquias, the then Presiding Judge of the Regional Trial Court (RTC) of Jolo, Sulu.
- The petition was submitted on July 23, 2018, amid his aspirations to be appointed as a presiding judge in any RTC in Manila.
- This request arises from a previous administrative penalty imposed on him for undue delay in rendering decisions.
Background of the Case
- In a Resolution dated June 19, 2017, the Court found Judge Barraquias guilty of undue delay in rendering a decision or order, imposing a fine of P10,000.00.
- The Court issued a stern warning that any future repetition of similar acts would result in more severe penalties.
- Judge Barraquias paid the fine on August 31, 2017, fulfilling the penalty requirement imposed by the Court.
Grounds for Petition
- Judge Barraquias claimed disqualification under Section 5 (2) (c), Rule 4 of the 2016 Revised Rules of the Judicial and Bar Council (JBC Rules) due to the penalty previously imposed.
- He expressed concerns for his safety and that of his family due to threats from the Abu Sayyaf group, making a return to Jolo, Sulu difficult.
- He highlighted his professional growth, having disposed of 413 cases in a year across three courts while serving as Acting/Assisting Judge.
JBC Rules on Disqualification
- The applicable JBC Rules stipulate disqualification for applicants found guilty in administrative cases where penalties include suspens