EN BANC
A.M. No. RTJ-09-2183, February 14, 2017
CONCERNED LAWYERS OF BULACAN, Complainant, v. PRESIDING JUDGE VICTORIA VILLALON-PORNILLOS, ETC., Respondent.
RE: PETITION FOR JUDICIAL CLEMENCY OF THEN JUDGE VICTORIA VILLALON-PORNILLOS.
R E S O L U T I O N
PER CURIAM:
For resolution is a petition for judicial clemency filed by Victoria Villalon-Pornillos (respondent), former Presiding Judge of the Regional Trial Court, Branch 10, Malolos City, Bulacan, through a letter1 dated December 28, 2016.chanroblesvirtuallawlibrary
WHEREFORE, Judge Victoria Villalon-Pornillos, Presiding Judge of Branch 10 of the Regional Trial Court of Malolos City, is found guilty of violating paragraph 7, Section 8, Rule 140 of the Rules of Court (borrowing money from a lawyer in a case pending before her court) which is also a gross misconduct constituting violation of the Code of Judicial Conduct, aggravated by, inter alia, undue delay in rendering decision or orders, and violation of Supreme Court rules, directives and circulars. She is DISMISSED from the service, with forfeiture of all retirement benefits, except accrued leave credits, with prejudice to reemployment in any government agency or instrumentality. Immediately upon service on her of this decision, she is deemed to have vacated her office and her authority to act as judge is considered automatically terminated.On August 8, 2016, respondent filed a Petition for Absolute Pardon from 'Dismissal from the Service Sentence'4 accompanied by a letter5 dated August 4, 2016 addressed to the Office of the President (OP), which was referred to the Office of the Court Administrator (OCA), for appropriate action.6 In a Resolution7 dated November 8, 2016, the Court denied the said petition for being an improper pleading.
SO ORDERED.3ChanRoblesVirtualawlibrary
In this case, records are bereft of bowing that respondent has exhibited remorse for her past misdeeds, which occurred more than eight (8) years ago. Apart from respondent's submission to the Court's disciplinary authority, there were no signs of repentance showing that at the very least, she accepted the judgment of the Court in her case. In fact, she even sees nothing wrong with her actions. In her petition, respondent narrates that she "stood her ground against offers of bribery for her to agree to issue orders that would give a go signal to the anomalous Bullet Train Project of Gloria Macapagal Arroyo."17 She even touts herself as a judge who committed "honest acts and deeds,"18 and submits that the only way to give her justice is through absolute pardon.19 In this relation, she firmly insists that she was unduly deprived of her fundamental rights under the constitution when she was unceremoniously disrobed, raising doubts as to the integrity and impartiality of the court process.
- 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.
- Sufficient time must have lapsed from the imposition of the penalty to ensure a period of reformation.
- 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.
- 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.
- There must be other relevant factors and circumstances that may justify clemency.16 (Emphasis supplied)
Endnotes:
1Rollo, pp. 192-196.
2 Id. at 2-23.
3 Id. at 22.
4 Id. at 119-134.
5 Id. at 136-146.
6 See letter dated September 5, 2016 of Acting Deputy Executive Secretary for Legal Affairs Ryan Alvin R. Acosta; id. at 44.
7 Id. at 115.
8 Id. at 117.
9 Id. at 189-190.
10 Id. at 192-196.
11 See id. at 192, 194-195.
12 Id. at 194-195.
13 See Resolution in OCA v. Caballero, A.M. No. P-05-2064, January 12, 2016.
14Re: Letter of Judge Augustus C. Diaz, MTC-QC, Br. 37, Appealing for Judicial Clemency, 560 Phil. 1, 5 (2007); emphasis and underscoring supplied.
15 Id.
16 Id. at 5-6, citations omitted.
17Rollo, p. 46.
18 Id.
19 Id. at 59.
20 Id. at 50.
21 Id.
22 Id. at 50-51.
23 Id. at 51.
24Ali v. Pacalna, 722 Phil. 112, 117 (2013).
25cralawred See Resolution in OCA v. Caballero, supra note 13.
26Ali v. Pacalna, supra note 24, at 118.
27 Id.