G.R. No. RTJ-17-2498. September 28, 2021
Ahmad Omar, Complainant, vs. Presiding Judge Betlee-Ian J. Barraquias, Regional Trial Court, Branch 4, Jolo, Sulu, Respondent.

FACTS

This is a Petition/Application for Judicial Clemency filed by Judge Betlee-Ian J. Barraquias, then Presiding Judge of the Regional Trial Court (RTC) of Jolo, Sulu, Branch 4. The petition was filed on July 23, 2018, in connection with his desire to apply as a presiding judge in any RTC in Manila. Judge Barraquias was previously found guilty of undue delay in rendering a decision or order in an administrative case (A.M. No. RTJ-17-2498). In a Resolution dated June 19, 2017, the Court imposed upon him a fine of P10,000.00, which he paid on August 31, 2017. Due to this penalty, he is disqualified under Section 5(2)(c), Rule 4 of the 2016 Revised Rules of the Judicial and Bar Council (JBC Rules), which bars nomination for judicial appointment for those fined at least P10,000.00 unless granted judicial clemency. Judge Barraquias cited difficulties in returning to Jolo, Sulu, due to threats from the Abu Sayaff to his and his family’s lives. He also claimed reformation, having disposed of 413 cases within a year from three courts where he served as Acting/Assisting Judge, and expressed remorse for his past actions.

ISSUE

Whether Judge Betlee-Ian J. Barraquias should be granted judicial clemency to remove his disqualification from being nominated for appointment to a judicial post under the JBC Rules.

RULING

The Supreme Court GRANTED the petition for judicial clemency. The Court applied the guidelines in Re: Letter of Judge Augustus C. Diaz (Diaz), as the petition was filed in 2018, prior to the promulgation of the refined guidelines 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* (Ong) in 2021. The Diaz guidelines require: (1) proof of remorse and reformation; (2) sufficient time lapse from the penalty imposition; (3) age showing productive years ahead; (4) showing of promise and potential for public service; and (5) other relevant factors.
The Court found that Judge Barraquias satisfied these guidelines: (1) He showed remorse and reformation, accepting his shortcomings and committing to expeditious case disposition, supported by numerous testimonials from legal and community leaders; (2) Over seven years had passed since the infraction, with no similar offenses recorded, and he had disposed of 1,151 cases in his subsequent assignments; (3) At 49 years old, he had productive years ahead; (4) He demonstrated promise through his case disposal record and support from peers; and (5) He paid the fine and sought clemency for a lateral transfer due to safety concerns. The Court emphasized that judicial clemency is an act of mercy granted only when merited, balancing the removal of disqualification with preserving public confidence in the judiciary.