Republic of The Philippines Supreme Court Manila

Republic of the Philippines
Supreme Court
Manila
EN BANC
RE: PETITION FOR JUDICIAL A.M. No. 12-2-6-SC

CLEMENCY OF JUDGE IRMA
ZITA V. MASAMAYOR,
Present:
CORONA, C.J.,
CARPIO,
VELASCO, JR.,
LEONARDO-DE CASTRO,
BRION,
PERALTA,
BERSAMIN,
DEL CASTILLO, *
ABAD,
VILLARAMA, JR.,
PEREZ,
MENDOZA,
SERENO,
REYES, and
PERLAS-BERNABE, JJ.
Promulgated:
March 6, 2012
x---------------------------------------------------------------- x
RESOLUTION
PERLAS-BERNABE, J.:
For resolution is the petition for judicial clemency filed by Judge Irma Zita V.
Masamayor, Executive and Presiding Judge of the Regional Trial Court, Branch 52,
Talibon, Bohol in connection with her application for lateral transfer to the Regional
Trial Courts (RTCs) of Tagbilaran City.
Petitioner claims that on January 24, 2012, she received a letter from the Judicial and
Bar Council (JBC) informing her that she was not included in the list of nominees for
RTC, Branch 2 or 4, Tagbilaran City. She attributes her disqualification to her
1
previous administrative record of gross inefficiency in 1999 and 2000 for belatedly
filing her motions for extension of time to resolve the following cases then pending
before her sala, to wit: Criminal Case No. 96-185 entitled "People v. Jaime Cutanda
alias 'Jimmy'"; Civil Case No. 0020 entitled "Alejandro Tutor, et al. v. Benedicto
Orevillo, et al."; Criminal Case
No. 98-384 entitled "People v. Celso Evardo"; and Criminal Case No. 96-251 entitled
"Gil Sajuña y Cagasin." Thus, she was ordered to pay a fine of P5,000.00 in A.M. No.
99-1-16-RTC ; P10,000.00 in A.M. No. 98-12-381-RTC ; and P12,000.00 in A.M. No.
2 3
99-2-79-RTC. She was likewise earlier fined P5,000.00 for a similar violation of

4
Canon 3, Rule 3.05 of the Code of Judicial Conduct in A.M. No. 98-10-338-RTC. 5
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."
Considering petitioner's previous record, she is indeed disqualified from being further
nominated for appointment to any judicial post, unless she be accorded judicial
clemency. Notwithstanding, however, she was
previously nominated by the JBC for lateral transfer to the RTC of Tagbilaran City in
2005.6
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), the Court laid down the
7
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."
Applying the foregoing standards to this case, the Court finds merit in petitioner's
request.
A review of the records reveals that petitioner has exhibited remorse for her past
misdeeds, which occurred more than ten (10) years ago. While she was found to have
belatedly filed her motions for additional time to resolve the aforecited cases, the
Court noted that she had disposed of the same within the extended period sought,
except in A.M. No. 99-2-79-RTC where she submitted her compliance beyond the
approved 45-day extended period. Nevertheless, petitioner has subsequently shown
8
diligence in the performance of her duties and has not committed any similar act or
omission. In the Memorandum of the Office of the Court Administrator, her prompt
9
compliance with the judicial audit requirements of pending cases was acknowledged
and she was even commended for her good performance in the effective management
of her court and in the handling of court records.10
Moreover, the Integrated Bar of the Philippines (IBP) Bohol Chapter has shown its
high regard for petitioner per the letter of support signed by a number of its members
11
addressed to the IBP dated October 15, 1999 during the pendency of her
administrative cases and the IBP Resolution No. 11, Series of 2009 endorsing her
12
application for lateral transfer to the RTC of Tagbilaran City.

Petitioner's dedicated service of 23 years to the judiciary, having been first appointed
as Municipal Circuit Trial Court judge in 1989, merits compassion from the Court. It
13
bears to note that petitioner does not seek for promotion to a higher position but only a
lateral transfer to a place of work near her residence.
14
ACCORDINGLY, the Court hereby GRANTS petitioner judicial clemency for her

past administrative offenses.

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RE: PETITION FOR JUDICIAL A.M. No. 12-2-6-SC

99-2-79-RTC. She was likewise earlier fined P5,000.00 for a similar violation of

Section 5, Rule 4 of the Rules of the JBC provides:

"SEC. 5. Disqualification. - The following are disqualified from being

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

following guidelines in resolving requests for judicial clemency, thus:

4. There must be a showing of promise (such as intellectual aptitude,

application for lateral transfer to the RTC of Tagbilaran City.

ACCORDINGLY, the Court hereby GRANTS petitioner judicial clemency for her

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