In Re: Anonymous Letter Dated August 12, 2010, Complaining Against Judge Ofelia T. Pinto, Regional Trial Court, Branch 60, Angeles City, Pampanga,
A.M. No. RTJ-11-2289, February 15, 2022
Facts:
1. The Court of Administrator found petitioner guilty of Gross Ignorance of the Law and Procedure which was affirmed by the Supreme Court.
2. Petitioners penalty is dismissal from service, with forfeiture of all retirement benefits, except accrued leave credits, and with prejudice to reemployment in government service.
3. Seven years after her dismissal from service, petitioner filed a letter appealing for judicial clemency but was denied for lack of merit.
4. Then Petitioner filed another Petition for Judicial Clemency. The same was only noted without action by the Court.
5. After denial of her two pleas, petitioner again comes before the Supreme Court praying for the restoration of her retirement benefits, considering her financial situation and the difficulty of surviving in the pandemic.
Issue:
Whether or not petitioner is entitled to judicial clemency
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Ruling:
Judicial clemency is an act of mercy removing any disqualification from the erring official. It is not a privilege or a right that can be availed of at any time. Proof of reformation and a showing of potential and promise are considered as indispensable requirements to the grant of judicial clemency.
As a uniform standard, the Court ruled that, unless for extraordinary reasons, there must be a five-year minimum period before dismissal or disbarment can be subject of any kind of clemency. Once this minimum requirement is complied with, however, it must be emphasized that the petition must show convincing proof of the petitioner’s remorse and rehabilitation.
Here, there is prima facie showing of genuine remorse and repentance by petitioner. As can be seen even in her first clemency petition, she averred that she has been humbled by her dismissal from service and has expressed regret of how her past actions has affected the conditions of her family.
Considering the denial of her previous plea for clemency, she lamented in the present petition that she was already trying to get accustomed to a life of pure hardships, with no relief in sight for her situation.
Aside from her expression of remorse, petitioner attached supporting documents to reinforce her claims of repentance and renewal through her socio-civic activities.
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