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Re - Judicial Clemency

1. The document discusses the petition for judicial clemency of Judge Irma Zita V. Masamayor, who was disqualified from judicial appointment due to an administrative penalty imposed over 10,000 pesos. 2. The Supreme Court laid out guidelines for resolving judicial clemency requests, requiring proof of remorse and reformation through certifications, sufficient time since the penalty, potential productive years ahead, and showing of promise or skills for public service. 3. Other relevant factors and circumstances may also justify granting clemency.

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92 views1 page

Re - Judicial Clemency

1. The document discusses the petition for judicial clemency of Judge Irma Zita V. Masamayor, who was disqualified from judicial appointment due to an administrative penalty imposed over 10,000 pesos. 2. The Supreme Court laid out guidelines for resolving judicial clemency requests, requiring proof of remorse and reformation through certifications, sufficient time since the penalty, potential productive years ahead, and showing of promise or skills for public service. 3. Other relevant factors and circumstances may also justify granting clemency.

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tinct
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© © All Rights Reserved
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Re: Petition for Judicial Clemency of Judge Irma Zita V.

Masamayor, 667 SCRA 467 , March


06, 2012
judicial post or as Ombudsman or Deputy Ombudsman.—Section 5, Rule 4 of the Rules of the
JBC provides: “SEC. 5. Disqualification.—The following are disqualified from being nominated
for appointment to any judicial post or as Ombudsman or Deputy Ombudsman: 1. Those with
pending criminal or regular administrative cases; 2. Those with pending criminal cases in
foreign courts or tribunals; and 3. Those who have been convicted in any criminal case; or in an
administrative case, where the penalty imposed is at least a fine of more than P10,000, unless
he has been granted judicial clemency.”

Same; Judicial Clemency; Guidelines in Resolving Requests for Judicial Clemency.—In A.M. No.
07-7-17-SC (Re: Letter of Judge Augustus C. Diaz, Metropolitan Trial Court of Quezon City,
Branch 37, Appealing for Clemency), 533 SCRA 539 (2007), the Court laid down the following
guidelines in resolving requests for judicial clemency, thus: “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.” [Re: Petition for Judicial Clemency of Judge Irma Zita V. Masamayor,
667 SCRA 467(2012)]

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