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Tuesday, December 17, 2013
Judicial clemency; requisites.
"This Court 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 Judicial Clemency)7 laid down the following guidelines in resolving requests for judicial clemency, to wit:
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 reformation.
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."
See -
A.M. No. MTJ-03-1505. November 27, 2013
Mamasaw Sultan Ali Vs. Judge Baguinda-Ali Pacalna, et al.