MANILA – The Supreme Court (SC) has turned down a Mindoro judge’s plea to reverse his dismissal from the service by the court for gross ignorance of the law in connection with his handling of cases in his sala.
The high tribunal, in a resolution published online on October 11, denied the motion for “judicial clemency” of former San Jose, Mindoro regional trial court (RTC) Branch 45 Judge Jose Jacinto Jr. who was dismissed from service by the court for gross ignorance of the law in connection with his handling of 17 criminal cases involving illegal drugs.
In the case, Jacinto either granted motions for rehabilitation or transferred custody of the accused to the provincial parole and probation office in violation of the requirements under the law.
Jacinto’s actions in the drug cases, the SC said, were “unwarranted and clearly violative of requirements” under Republic Act 9165 or the Comprehensive Drugs Act of 2022.
The SC noted that some of the accused were committed to rehabilitation without the required endorsement of the Dangerous Drugs Board and an examination by a Department of Health accredited physician.
The court also noted the parole and probation office is not legally designated as a detention facility for those accused of illegal drug offenses pending trial.
The SC had also found Jacinto liable for gross misconduct in a civil case where he ordered the transfer of the custody of prisoner Ruben Tiu from the San Ramon Penal Colony in Zamboanga to the Sablayan Prison and Penal Farm in San Jose, Mindoro without the approval of Supreme Court.
In seeking the restoration of his retirement benefits, the judge for 39 years said his transgressions started at the height of his personal sufferings in 2008 when he experienced vertigo and hypertension attacks after his wife died of pancreatic cancer.
In turning down his motion, the court said a judge penalized for professional misstep must support his plea for reconsideration with “compelling proof of remorse, rehabilitation, and potential.“
“Judicial clemency is not a privilege or a right that can be availed of at any time. Courts can only accord it upon showing that it is merited,” it said. (PNA)
