Title
Re: Jose S. Jacinto, Jr.
Case
A.M. No. RTJ-21-003
Decision Date
Aug 9, 2022
Former judge seeks clemency after dismissal for gross misconduct and ignorance of the law; Supreme Court denies plea, citing insufficient remorse, reformation, and failure to meet five-year requirement.

Case Summary (G.R. No. 221813)

Summary of Administrative Findings

The Supreme Court found Judge Jacinto guilty of 17 counts of gross ignorance of the law relating to his handling of criminal cases involving illegal drugs. Specifically, he improperly granted motions for rehabilitation and transferred the custody of accused persons without the necessary endorsements from the Dangerous Drugs Board or examinations by accredited physicians, violating Sections 54 and 57 of Republic Act (RA) No. 9165, the Comprehensive Drugs Act. He was also found guilty of gross misconduct for transferring a prisoner without the Supreme Court's approval, resulting in an eight-month unjustified custody transfer. Consequently, he was dismissed from service with forfeiture of retirement benefits and ordered to pay a fine of P30,000.

Motion for Judicial Clemency

In May 2022, Judge Jacinto filed a motion for judicial clemency, expressing remorse for his previous actions. He cited his long tenure of 39 years in the judiciary, personal struggles affecting his judgment, and his family’s financial situation as justifications for the restoration of his retirement benefits. He indicated that his health issues necessitated regular medical check-ups and asserted that he had waived his rights to inherit real properties from his deceased wife, relying on the expected restoration of his benefits.

Supporting Testimonials

To support his motion, Jacinto provided letters from the Integrated Bar of the Philippines (IBP) Occidental Mindoro Chapter and the Municipal Social Welfare and Development Office (MSWDO), lauding his past judicial conduct and character. They described him as compassionate, fair, and diligent in his duties, reinforcing his request for clemency based on perceived positive contributions to the local judiciary and community.

Legal Standards for Clemency

The Court noted that requests for judicial clemency are examined on a case-by-case basis and must be supported by evidence demonstrating remorse, reformation, and potential for future good service. The guidelines established in cases such as Re: Diaz and Re: Ong detail the necessary conditions for clemency, including proof of sincere repentance, the elapse of sufficient time since the imposition of penalties, and a demonstration of potential for productive engagement in the legal field.

Assessment of the Motion

The Court determined that Jacinto's motion did not meet the required five-year time frame necessary for reconsideration of his administrative penalties, nor did it present extraordinary reasons justifying an early request for clemen

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