Concerned Lawyers of Bulacan v. Presiding Judge Victoria Villalon-Pornillos

On December 28, 2016, respondent filed another
SOCO
letter,[10] reiterating her plea for judicial clemency. Respondent
insists that she has endured almost eight (8) years of unfounded
[ A.M. No. RTJ-09-2183, February 14, 2017 ] punishment as the charges and findings against her were based on
mere gossip.[11] Likewise, she cites the Court's exoneration of former
CONCERNED LAWYERS OF BULACAN, COMPLAINANT, President Gloria Macapagal Arroyo, begging that the same privilege
be extended to her in the spirit of Christmas.[12]
VS.
The Court's Ruling
PRESIDING JUDGE VICTORIA VILLALON-PORNILLOS, ETC.,
RESPONDENT. Judicial clemency is an act of mercy removing any disqualification
from the erring judge.[13] It can be granted only if there is a showing
RE: PETITION FOR JUDICIAL CLEMENCY OF THEN JUDGE VICTORIA that it is merited; thus, proof of reformation and a showing of
VILLALON-PORNILLOS. potential and promise are indispensable.[14]
RESOLUTION Proof of remorse and reformation is one of the requirements to

grant judicial clemency. As held by the Court in Re: Letter of Judge
Augustus C. Diaz, Metropolitan Trial Court of Quezon City, Branch 37,
PER CURIAM:
Appealing for Judicial Clemency:[15]
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 1. There must be proof of remorse and reformation. These
letter[1] dated December 28, 2016. 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
The Facts associations and prominent members of the community
with proven integrity and probity. A subsequent finding of
On July 7, 2009, the Court rendered a Decision,[2] dismissing guilt in an administrative case for the same or similar
respondent from service, after having been found guilty of gross misconduct will give rise to a strong presumption of non-
misconduct, i.e., borrowing money from a lawyer in a case pending reformation.
before her court, aggravated by undue delay in rendering decisions
or orders, and violation of Supreme Court rules, directives, and 2. Sufficient time must have lapsed from the imposition of
circulars. The dispositive portion of the subject Decision reads: the penalty to ensure a period of reformation.
WHEREFORE, Judge Victoria Villalon-Pornillos, Presiding Judge of 3. The age of the person asking for clemency must show that
Branch 10 of the Regional Trial Court of Malolos City, is found guilty he still has productive years ahead of him that can be put
of violating paragraph 7, Section 8, Rule 140 of the Rules of Court to good use by giving him a chance to redeem himself.
(borrowing money from a lawyer in a case pending before her
court) which is also a gross misconduct constituting violation of the 4. There must be a showing of promise (such as intellectual
Code of Judicial Conduct, aggravated by, inter alia, undue delay in aptitude, learning or legal acumen or contribution to legal
rendering decision or orders, and violation of Supreme Court rules, scholarship and the development of the legal system or
directives and circulars. She is DISMISSED from the service, with administrative and other relevant skills), as well as
forfeiture of all retirement benefits, except accrued leave credits, potential for public service.
with prejudice to reemployment in any government agency or
instrumentality. Immediately upon service on her of this decision, 5. There must be other relevant factors and circumstances
she is deemed to have vacated her office and her authority to act as that may justify clemency.[16] (Emphasis supplied)
judge is considered automatically terminated.
In this case, records are bereft of bowing that respondent has
SO ORDERED.[3] exhibited remorse for her past misdeeds, which occurred more than
On August 8, 2016, respondent filed a Petition for Absolute Pardon eight (8) years ago. Apart from respondent's submission to the
from 'Dismissal from the Service Sentence'[4] accompanied by a Court's disciplinary authority, there were no signs of repentance
letter[5] dated August 4, 2016 addressed to the Office of the showing that at the very least, she accepted the judgment of the
President (OP), which was referred to the Office of the Court Court in her case. In fact, she even sees nothing wrong with her
Administrator (OCA), for appropriate action.[6] In a actions. In her petition, respondent narrates that she "stood her
Resolution[7] dated November 8, 2016, the Court denied the said ground against offers of bribery for her to agree to issue orders that
petition for being an improper pleading. would give a go signal to the anomalous Bullet Train Project of
Gloria Macapagal Arroyo."[17] She even touts herself as a judge who
Meanwhile, on November 3, 2016, respondent also filed a committed "honest acts and deeds,"[18] and submits that the only
letter[8] addressed to the OCA, informing the OP's transmittal of her way to give her justice is through absolute pardon.[19] In this relation,
petition for judicial clemency to the Court, and requesting that the she firmly insists that she was unduly deprived of her fundamental
same be subject for judicial review and, consequently, the subject rights under the constitution when she was unceremoniously
Decision be reversed in her favor. The Court, in a Resolution[9] dated disrobed, raising doubts as to the integrity and impartiality of the
November 29, 2016, noted the said letter without action. court process.
Likewise, respondent points out that the charge of borrowing
money from a litigant, for which she was dismissed, occurred more
than fourteen (14) years ago and, at that time, she had a very "slim
chance"[20] of borrowing money since: (a) her "salary as a judge was
substantially big enough compared against other employees or
lawyers or businessman";[21] and (b) both her parents are lawyers
who left her "substantial real and personal property that would
easily be sufficient for her and her children to live for a
lifetime."[22] She claims the same of her late husband who was "well-
off" and landed thus, making the act imputed against her
unbelievable.[23]
Far from exhibiting remorse and reformation, the tenor of

respondent's petition only demonstrates her attitude of
impenitence, self-righteousness, and even, vindictiveness, which
unquestionably renders her undeserving of judicial clemency.
Neither did she show compliance with the other requisites for
judicial clemency as cited above. Accordingly, there is no quibble
that the instant petition should be denied.
The Court, in numerous cases, has come down hard and wielded the
rod of discipline against members of the judiciary who have fallen
short of the exacting standards of judicial conduct.[24] Judicial
clemency is not a privilege or a right that can be availed of at any
time,[25]as the Court will grant it only if there is a showing that it is
merited.[26] Verily, clemency, as an act of mercy removing any
disqualification, should be balanced with the preservation of public
confidence in the courts.[27]
WHEREFORE, the petition for judicial clemency is DENIED.
SO ORDERED.

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On December 28, 2016, respondent filed another

RESOLUTION Proof of remorse and reformation is one of the requirements to

Far from exhibiting remorse and reformation, the tenor of

WHEREFORE, the petition for judicial clemency is DENIED.

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