Title
Republic vs. Caguioa
Case
A.M. No. RTJ-07-2063, RTJ-07-2064, RTJ-07-2066
Decision Date
Aug 23, 2022
Former Judge Caguioa sought clemency post-dismissal for gross misconduct; SC lifted disqualification but denied reinstatement and benefits, citing remorse, reformation, and public service potential.
judicial clemency
administrative case
remorse

Case Summary (A.M. No. RTJ-07-2063, RTJ-07-2064, RTJ-07-2066)

Factual Background: The Underlying Administrative Offenses

In A.M. No. RTJ-07-2063, the Republic, through the Office of the Solicitor General (OSG), charged Judge Caguioa with gross ignorance of the law, manifest partiality, and conduct prejudicial to the best interest of the service. The charges centered on his issuance of a writ of preliminary injunction that enjoined the implementation of Section 6 of Republic Act (R.A.) No. 9334, which subjected the applicants in a declaratory relief case, Civil Case No. 102-0-05 (entitled “Indigo Distribution Corp., Inc. v. The Hon. Secretary of Finance”), to payment of sin taxes and excise taxes on tobacco and alcohol products.

In A.M. No. RTJ-07-2064, the Commissioner of Customs also charged Judge Caguioa with gross ignorance of the law, manifest partiality, and conduct prejudicial to the best interest of the service, based on a separate writ of preliminary injunction. This injunction restrained the implementation of a customs personnel order (CPO) issued by the Commissioner of Customs and approved by the Secretary of Finance. The CPO reassigned the applicant, Andres Salvacion, from the Port of Subic to the Port of Cagayan de Oro and designated another customs officer as Acting District Collector of Subic.

In A.M. No. RTC-07-2066, Charles T. Burns, Jr. charged Judge Caguioa with grave misconduct for issuing a writ of execution in favor of the adverse party in Civil Case No. 77-0-97, “Mary Agnes Burns v. Spouses Juan C. Beltran,” which resulted in placing the adverse party in possession of several parcels of land.

Court’s June 26, 2009 Decision and Its Finality

In its June 26, 2009 Decision, the Court found Judge Caguioa guilty in all administrative cases except as to the sheriff. Specifically, in A.M. No. RTJ-07-2066, it found him guilty of simple misconduct and imposed a suspension from office without pay for three months. In A.M. Nos. RTJ-07-2063 and RTJ-07-2064, the Court found him guilty of gross ignorance of the law and conduct prejudicial to the best interest of the service, and imposed the penalty of dismissal from the service with forfeiture of retirement benefits, with the exception of leave credits. The complaint against Sheriff Christopher T. Perez was dismissed for lack of merit. The decision stated that it was final and immediately executory.

Judge Caguioa filed a motion for reconsideration. The Court denied it with finality in its August 18, 2009 Resolution. Thereafter, he sought clemency in a letter dated July 13, 2010. He later filed an Omnibus Motion on October 10, 2011 to convert his clemency letter into a second motion for reconsideration. On December 13, 2011, the Court denied the Omnibus Motion and the second motion for reconsideration, while noting Charles’ comment indicating that he did not oppose reinstatement and believed sufficient time had passed for the penalty to have served as punishment.

Petition for Judicial Clemency and the Procedure Adopted

Nearly twelve years after his dismissal, Judge Caguioa filed a new clemency request through a letter dated February 9, 2021, addressed to the Chief Justice. In the letter, he invoked remorse, stating that he had repented for issuing injunctive orders based on what he described as a misplaced reliance on Supreme Court decisions. He also alleged that after dismissal, he returned to private practice where he served clients with honesty and competence, including pro bono engagements. He supported his claims with testimonials from members of the judiciary and the legal academy: Associate Justice Carlito B. Calpatura, Associate Justice Alex L. Quiroz, and Atty. Melencio Sta. Maria, Dean of the Far Eastern University Institute of Law. He prayed, in substance, for reinstatement as an RTC judge, treatment of his entire dismissal period as suspension without pay, and full restoration of retirement benefits and other relevant benefits.

In a March 16, 2021 Resolution, the Court treated his letter-request as a petition for judicial clemency. It directed the Presiding Judge of the Court of Appeals to refer the petition to a Commission composed of the three most senior Associate Justices of the Court of Appeals for evaluation, report, and recommendation. The Court required notice to complainants and the public prior to reception of evidence.

The Commission directed the issuance of notice to offended parties and the publication of the petition, and it required filing of opposition within ten days. It also required the confirmation of testimonials by Justice Calpatura, Justice Quiroz, and Atty. Sta. Maria, and ordered Judge Caguioa to submit additional authenticated evidence within the same time frame. Confirmations were filed for the two Justices; the record showed that the Commission did not receive confirmation from Atty. Sta. Maria, but Judge Caguioa later submitted a compliance with publication requirements through affidavits and newspaper records.

On January 10, 2022, the Republic, through the OSG, filed a Comment opposing the petition, disaggregating the administrative findings and asserting that the State’s injury from Judge Caguioa’s conduct was too substantial to warrant clemency. Judge Caguioa replied on January 15, 2022, contending that writs of preliminary injunction he had issued in G.R. No. 168584 had already been nullified, and further asserting that the Court never found manifest partiality, ill-will, bias, or corrupt intention against him in G.R. No. 168584 or in the June 16, 2009 decision in these administrative matters. The Commission later issued a report recommending grant of clemency.

The Commission’s Report and Recommendation

In its February 10, 2022 Report and Recommendation, the Commission recommended that the petition be granted. It credited Judge Caguioa’s remorse, particularly for the improvident issuance of injunctive writs. It found that, after his return to private practice, he served clients with honesty, good faith, and competence, and engaged in pro bono work for those unable to hire counsel. The Commission relied on the testimonials of Justice Calpatura, Justice Quiroz, and Atty. Sta. Maria, treating them as professional attestations rather than favors extended due to personal friendship.

The Commission also emphasized that approximately twelve years had elapsed since dismissal and that such lapse was sufficient to acknowledge infractions and to ensure reform. It noted a reconciliation element based on Judge Caguioa’s publication of his clemency petition and public apology. It further considered his age, stating that he was only sixty-five and still had approximately five productive years remaining, along with potential for public service through legal acumen and contribution to the advancement of the legal profession and the Judiciary.

Legal Framework: Judicial Clemency as Extraordinary Mercy

In resolving the petition, the Court examined the nature of judicial clemency through its discussion in Re: Allegations Made Under Oath at the Senate Blue Ribbon Committee Hearing Held on September 26, 2013 Against Associate Justice Gregory S. Ong, Sandiganbayan (Re: Ong). The Court distinguished forgiveness (an individual response) from clemency (an extraordinary act based on equity and conditioned by compliance with law, deference to the choice of those wronged, and reliance on established facts and normative values). It stressed that clemency required an apology not only to the offended person but, in appropriate cases, to society itself, and that it was an act of mercy removing disqualification. It further underscored that the Court remained conservative and that clemency was neither a right nor a privilege.

The Court reiterated doctrinal constraints: clemency should not transgress existing laws, should not override the choices of the wronged, must be grounded on genuine evidence of reformation and potential for service, must include reconciliation in private-offense settings through apology and written forgiveness where required, and must include public apology where no private offended party exists. The Court further clarified that clemency does not revisit final decisions and is not a device to reopen cases.

The Court applied procedural guidance from Re: Diaz and Re: Ong on prima facie evaluation, Commission-based reception of evidence with notice, and the evaluation of substantial evidence. It also highlighted the Court’s explanation in Nunez v. Ricafort that the full Commission reception procedure would not apply universally, depending on whether the clemency petition involved Bar membership or the Bench. On the standard of proof, the Court adopted the “clear and convincing evidence” requirement for clemency grounded on reinstatement in professional membership, and treated this heightened requirement as equally applicable to petitions involving membership in the Bench.

Court’s Evaluation: Remorse, Reformation, and Attestation Credibility

The Court found that Judge Caguioa presented clear and convincing evidence of remorse and reformation. It noted his expressed regret for issuing injunctive writs based on a perceived reliance on Supreme Court decisions, his recognition of the error in issuing injunctive orders, and his claim that after dismissal he returned to practice and continued to serve honestly, in good faith, and competently. It also noted his pro bono work.

The Court reviewed the testimonials. Justice Calpatura and Justice Quiroz affirmed that they had observed Judge Caguioa’s remorse after dismissal and had concluded that he was ethically upright in private practice. Justice Quiroz’s testimonial was tied to professional interactions after dismissal through pro bono representation before the Sandiganbayan, while Justice Calpatura’s testimonial reflected observation of remorse in the context of private practice. Atty. Sta. Maria supported Judge Caguioa’s clemency claim based on prior acquaintance in law school and shared professional history prior to appointment to the Bench,

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