A.M. No. 12-2-6-SC. March 06, 2012

A.M. No. 12-2-6-SC. March 06, 2012

RE: PETITION FOR JUDICIAL CLEMENCY OF JUDGE IRMA ZITA V. MASAMAYOR

http://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/21901

Overview
Petitioner claims that on January 24, 2012, she received a letter from the Judicial and Bar Council (JBC) informing her that she was not included in the list of nominees for RTC, Branch 2 or 4, Tagbilaran City. She attributes her disqualification to her previous administrative record of gross inefficiency in 1999 and 2000 for belatedly filing her motions for extension of time to resolve the following cases then pending before her sala, to wit: Criminal Case No. 96-185 entitled "People v. Jaime Cutanda alias 'Jimmy'"; Civil Case No. 0020 entitled "Alejandro Tutor, et al. v. Benedicto Orevillo, et al."; Criminal Case No. 98-384 entitled "People v. Celso Evardo"; and Criminal Case No. 96-251 entitled "Gil Sajuña y Cagasin." Thus, she was ordered to pay a fine of P5,000.00 in A.M. No. 99-1-16-RTC2; P10,000.00 in A.M. No. 98-12-381-RTC; and P12,000.00 in A.M. No. 99-2-79-RTC. She was likewise earlier fined P5,000.00 for a similar violation of Canon 3, Rule 3.05 of the Code of Judicial Conduct in A.M. No. 98-10-338-RTC.

Issues

 * 1) There must be proof of remorse and reformation. These shall include but should not be limited to certifications or testimonials of the officer(s) or chapter(s) of the Integrated Bar of the Philippines, judges or judges associations and prominent members of the community with proven integrity and probity. A subsequent finding of guilt in an administrative case for the same or similar misconduct will give rise to a strong presumption of non-reformation.
 * 2) Sufficient time must have lapsed from the imposition of the penalty to ensure a period of reform.
 * 3) The age of the person asking for clemency must show that he still has productive years ahead of him that can be put to good use by giving him a chance to redeem himself.
 * 4) There must be a showing of promise (such as intellectual aptitude, learning or legal acumen or contribution to legal scholarship and the development of the legal system or administrative and other relevant skills), as well as potential for public service.
 * 5) There must be other relevant factors and circumstances that may justify clemency.

A review of the records reveals that petitioner has exhibited remorse for her past misdeeds, which occurred more than ten (10) years ago. While she was found to have belatedly filed her motions for additional time to resolve the aforecited cases, the Court noted that she had disposed of the same within the extended period sought, except in A.M. No. 99-2-79-RTC where she submitted her compliance beyond the approved 45-day extended period.[8] Nevertheless, petitioner has subsequently shown diligence in the performance of her duties and has not committed any similar act or omission.[9] In the Memorandum of the Office of the Court Administrator, her prompt compliance with the judicial audit requirements of pending cases was acknowledged and she was even commended for her good performance in the effective management of her court and in the handling of court records.

Decision
ACCORDINGLY, the Court hereby GRANTS petitioner judicial clemency for her past administrative offenses.