Masamayor, Re:
REITERATIONFacts
The Antecedents: Judge Irma Zita V. Masamayor, Executive and Presiding Judge of the RTC, Branch 52, Talibon, Bohol, filed a petition for judicial clemency in connection with her application for lateral transfer to the RTCs of Tagbilaran City. She was informed by the Judicial and Bar Council (JBC) that she was not included in the list of nominees for RTC, Branch 2 or 4, Tagbilaran City. Procedural History: Petitioner attributes her disqualification to her previous administrative record of gross inefficiency in 1999 and 2000 for belatedly filing motions for extension of time to resolve cases. She was fined ₱5,000.00 in A.M. No. 99-1-16-RTC; ₱10,000.00 in A.M. No. 98-12-381-RTC; and ₱12,000.00 in A.M. No. 99-2-79-RTC. She was also fined ₱5,000.00 in A.M. No. 98-10-338-RTC for a similar violation of Canon 3, Rule 3.05 of the Code of Judicial Conduct. The Petition: Petitioner seeks judicial clemency to overcome her disqualification under Section 5, Rule 4 of the Rules of the JBC, which states that individuals penalized with a fine of more than P10,000.00 in an administrative case are disqualified unless granted judicial clemency. Despite this, she was previously nominated for lateral transfer in 2005.
Issue(s)
Whether petitioner Judge Irma Zita V. Masamayor is entitled to judicial clemency. Whether petitioner Judge Irma Zita V. Masamayor should be granted a lateral transfer to the RTC of Tagbilaran City.
Ruling
The Court GRANTS petitioner judicial clemency for her past administrative offenses. The petition for judicial clemency is granted.
Ratio Decidendi
On the entitlement to judicial clemency: The Court granted judicial clemency to Judge Masamayor by applying the guidelines laid down in Re: Letter of Judge Augustus C. Diaz. The Court found that petitioner exhibited remorse for her past misdeeds, which occurred more than ten years prior. Although she had belatedly filed motions for extension, she had disposed of the cases within the extended periods, except for one instance where compliance was beyond the approved period. Crucially, she has since demonstrated diligence in her duties and has not committed similar acts. The Office of the Court Administrator acknowledged her prompt compliance with judicial audit requirements and commended her performance in court management and record handling. Furthermore, the Integrated Bar of the Philippines (IBP) Bohol Chapter expressed high regard for her, evidenced by a letter of support and a resolution endorsing her application for lateral transfer. Her 23 years of dedicated service to the judiciary, starting as a Municipal Circuit Trial Court judge in 1989, also merited compassion. The Court considered that she was not seeking promotion but merely a lateral transfer near her residence. On the grant of lateral transfer: While the resolution primarily focuses on granting judicial clemency, the context of the petition is her application for lateral transfer. By granting clemency, the Court effectively removes the disqualification that prevented her nomination for the lateral transfer. The Court noted her 23 years of service and the fact that she sought a lateral transfer, not a promotion, to a location near her residence. The endorsement from the IBP Bohol Chapter further supported her suitability for the position. The granting of clemency is a prerequisite for her to be considered for the lateral transfer, implying that the Court found her request for clemency meritorious in light of her circumstances and subsequent performance.
Main Doctrine
Judicial clemency may be granted to a judge who has committed past administrative offenses, provided there is proof of remorse and reformation, sufficient time has lapsed since the penalty was imposed, the judge shows promise and potential for public service, and other relevant factors justify clemency.