Philippine Supreme Court Resolutions > Year 2012 > April 2012 Resolutions > [A.M. No. 06-3-112-MeTC : April 17, 2012] RE: CASES LEFT UNDECIDED BY FORMER JUDGE RALPH S. LEE, METC, BRANCH 38, QUEZON CITY, AND REQUEST OF NOW ACTING JUDGE CATHERINE D. MANODON, SAME COURT, FOR EXTENSION OF TIME TO DECIDE SAID CASES:

Please take notice that the Court en banc issued a Resolution dated APRIL 17, 2012, which reads as follows:cralaw

"A.M. No. 06-3-112-MeTC - RE: CASES LEFT UNDECIDED BY FORMER JUDGE RALPH S. LEE, MeTC, BRANCH 38, QUEZON CITY, and REQUEST OF NOW ACTING JUDGE CATHERINE D. MANODON, SAME COURT, FOR EXTENSION OF TIME TO DECIDE SAID CASES.

For consideration is the letter dated February 1, 2012 of Judge Ralph S. Lee (Judge Lee), Presiding Judge the Regional Trial Court, Branch 38, Quezon City requesting for judicial clemency from the Court's decision dated March 4, 2009. We previously found Judge Lee, then Presiding Judge of the Metropolitan Trial Court, Branch 38, Quezon City liable for undue delay in deciding cases for which we imposed the penalty of fine of P20,000.00 with stern warning that a repetition of the same or similar offense shall be dealt with more severely.

In requesting for judicial clemency, Judge Lee submits that he is now at the point of his career where he is qualified to aspire for a higher position in the Judiciary. He informs the Court that the sanction imposed him precludes him from qualifying for a promotion in the Judiciary, or from being appointed to any similar government office where appointment is governed by the Rules of the Judicial and Bar Council.

The particular provision of the Rules of the Judicial and Bar Council that Judge Lee refers to is Section 5, Rule 4 which states: 

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. (Emphasis and underscoring supplied)

As the penalty of fine we imposed on Judge Lee exceeds P10,000, he is disqualified for appointment to any judicial post or as Ombudsman or Deputy Ombudsman unless judicial clemency is granted by the Court under the above rule.

In Re: Letter of Judge Augustus C. Diaz, Metropolitan Trial Court of Quezon City, Branch 37, Appealing for Judicial Clemency, the Court laid down the following guidelines in resolving requests for judicial clemency:^[1] 

1. There must be proof of remorse and reformation. These shall include but should not be limited to certification 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.

We find all these standards satisfied in the present case to justify the grant of Judge Lee's requested judicial clemency.  

First, Judge Lee in his letter expressed his deepest regrets and profound apologies to the Court for his professional shortcomings. Attached to his letter are several citations and testimonials which he received from both the government and the private sectors in recognition of his qualifications and abilities as a judge and for his exemplary qualities as a person.^[2]

Second, while only three (3) years have passed since the Court rendered the decision in the case, Judge Lee showed his intent and the effects of his reformation within that short period of time, so that the Court En Banc considers the standards and objectives of the guideline to have been fully satisfied.

Judge Lee narrated that he had strived to work harder in order to become a better judge and a better person "all with the end in view of atoning for any and all of my past mistakes." Judge Lee reported that: first, he now manages his sala in an efficient and competent way; second, he no longer has cases pending resolution beyond the allowable ninety (90)-day period; third, he had professionally conducted himself as a judge with dignity and integrity; and fourth, he has shown exceptional behavior in and out of Court as more fully explained below.

Third, per information from the Records Division of the Office of the Court Administrator, Judge Lee is only 51 years old and still has many productive years ahead of him to render judicial service.

Fourth, Judge Lee has made substantial contributions to legal education. At present, he is a lecturer for the Mandatory Continuing Legal Education (MCLE) and a faculty member of the Philippines Judicial Academy (PHILJA). His dedication and commitment to public service is also demonstrated by his service record showing that he has been in government service for the last 26 years � as an agent of the National Bureau of Investigation, a government prosecutor, a judge of the Metropolitan Trial Court, and, presently, a judge of the Regional Trial Court.

Lastly, an exceptional catalytic factor that justifies the grant of clemency despite the lapse of only three (3) years, is the remarkable courage and bravery Judge Lee displayed during the floods of tropical storm Ondoy in 2009 when he rescued flood victims in his neighborhood at the risk of his own life. This action deserves the highest commendation from this Court as a genuine demonstration of compassion and concern for others � a rare quality seldom seen these days. This quality must be cultivated in every individual, all the more among government employees, for we hold ourselves bound to render service to the public.

In light of these considerations, the Court now deems it fair, appropriate and timely to open the door to Judge Lee to allow him to seek further opportunities in the Judiciary. cralaw

WHEREFORE, premises considered, we NOTE the letter dated February 1, 2012 of Judge Ralph S. Lee, Presiding Judge of the Regional Trial Court, Branch 83, Quezon City and GRANT his request for judicial clemency."

Very truly yours,

ENRIQUETA E. VIDAL
Clerk of Court

By:

(Sgd.) FELIPA B. ANAMA
  Deputy Clerk of Court En Banc

Endnotes:

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^[1] A.M. No. 07-7-17-SC, September 19, 2007, 533 SCRA 534, 539 citing Castillo v. Catanog, Jr., 239 SCRA 268 (1994); and Junio v. Rivera, Jr., 472 SCRA 69 (2005).

^[2] They are: (1) Resolution No. SP-4718, S-2009 from the 17th City Council of Quezon City entitled, "A Resolution Expressing the Deep Sense of Appreciation, and Gratitude of the People of Quezon City to Regional Trial Court Branch 83 Judge Ralph Lee for his Exemplary, Heroic and Charitable Acts of Rescuing More than One Hundred Residents of Palmera Homes, Barangay Sta. Monica, Novaliches, Quezon City from the Rampaging Flood Water Using His Own Jet Ski at the Height of Tropical Storm Ondoy last September 26, 2009; (2) 2009 Special Bedan Award from the San Beda Law Association; (3) 2009 Organized Response for the Advancement of Society, Inc. (ORAS) 2009 National Maagap Awards; (4) IBP, Quezon City Chapter Plaque of Recognition; (5) People Asia People of the Year Awards Night Special Awardee. 

^[3] Minute Resolution entitled, Re: Request for Judicial Clemency of Judge Felixberto P. Barte, 1st Municipal Circuit Trial Court, Tobias Fornier-Hamtic-Anini-y, Antique, A.M. No. 07-1 1-11-SC, February 12, 2008. Please see :http://elibrary.judiciary.gov.ph/administrative matters.php?doctype=Administrative%20 Matters&docid=1224639389408333935 as of April 2, 2012.