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    Letter of Judge Diaz - D

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    RayBradleyEduardo
    Judge Augustus C. Diaz appealed for judicial clemency after being fined ₱20,000 for granting a motion for demolition without notice and hearing. This was considered gross ignorance of the law and grave abuse of authority. Judge Diaz expressed remorse and it had been three years since the penalty was imposed. The Supreme Court granted Judge Diaz's request for judicial clemency, finding he had shown signs of remorse, reformation and dedication to the judiciary through his 12 years of service.

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    Letter of Judge Diaz - D

    Uploaded by

    RayBradleyEduardo
    413 views2 pages
    Judge Augustus C. Diaz appealed for judicial clemency after being fined ₱20,000 for granting a motion for demolition without notice and hearing. This was considered gross ignorance of the law and grave abuse of authority. Judge Diaz expressed remorse and it had been three years since the penalty was imposed. The Supreme Court granted Judge Diaz's request for judicial clemency, finding he had shown signs of remorse, reformation and dedication to the judiciary through his 12 years of service.

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    Judge Augustus C. Diaz appealed for judicial clemency after being fined ₱20,000 for granting a motion for demolition without notice and hearing. This was considered gross ignorance of the law and grave abuse of authority. Judge Diaz expressed remorse and it had been three years since the penalty was imposed. The Supreme Court granted Judge Diaz's request for judicial clemency, finding he had shown signs of remorse, reformation and dedication to the judiciary through his 12 years of service.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    413 views2 pages

    Letter of Judge Diaz - D

    Uploaded by

    RayBradleyEduardo
    Judge Augustus C. Diaz appealed for judicial clemency after being fined ₱20,000 for granting a motion for demolition without notice and hearing. This was considered gross ignorance of the law and grave abuse of authority. Judge Diaz expressed remorse and it had been three years since the penalty was imposed. The Supreme Court granted Judge Diaz's request for judicial clemency, finding he had shown signs of remorse, reformation and dedication to the judiciary through his 12 years of service.

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    of 2

    RE: LETTER OF JUDGE AUGUSTUS C.

    DIAZ, METROPOLITAN
    TRIAL COURT OF QUEZON CITY, BRANCH 37, APPEALING FOR
    JUDICIAL CLEMENCY.

    Facts:

    In a letter dated July 18, 2007, Judge Augustus C. Diaz, presiding


    judge of Branch 37 of the Metropolitan Trial Court of Quezon City,
    informed the Court that he is an applicant for judgeship in one of the vacant
    Regional Trial Court branches in Metro Manila. In connection therewith, he
    was interviewed by the Judicial and Bar Council on July 10, 2007. He was
    told to seek judicial clemency due to the fact that he was once fined ₱20,000
    "for not hearing a motion for demolition." He claims that this lapse
    happened only once as a result of "oversight." He requests judicial clemency
    and, in particular, that he be allowed to "again be nominated to one of the
    vacant branches of the Regional Trial Court of Manila or in any of the cities
    where [his] application [is being] considered."

    In Alvarez, Judge Diaz was found guilty of gross ignorance of the law when
    he granted the following motions: (1) a motion for execution which was
    fatally defective for lack of notice to the defendant and (2) a motion for
    demolition without notice and hearing. His action on the motion for
    demolition also made him liable for grave abuse of authority. 3 He was fined
    ₱20,000.4

    Issue:

    WON Judge Diaz is qualified for Judicial Clemency

    Ruling:

    Yes, he is qualified for Judicial Clemency and his request for judicial
    clemency is GRANTED.

    The Court lays down the following guidelines in resolving requests for
    judicial clemency:

    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 judge’s 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.

    In this case, Judge Diaz expressed sincere repentance for his past
    malfeasance. He humbly accepted the verdict of this Court in Alvarez. Three
    years have elapsed since the promulgation of Alvarez. It is sufficient to
    ensure that he has learned his lesson and that he has reformed. His 12 years
    of service in the judiciary may be taken as proof of his dedication to the
    institution. Thus, the Court may now open the door of further opportunities
    in the judiciary for him.

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