In imposing the penalty, Section 19 of A.M. No. 21-08-09-SC provides that the Court may appreciate the mitigating circumstances of "humanitarian considerations" and "other analogous circumstances." Here, the Court considers Judge Ferraris, Jr.'s advanced age after reaching compulsory retirement and the adverse economic effects of the Corona Virus Pandemic[49] as mitigating circumstances and valid considerations in imposing the penalties. Section 20 of A.M. No. 21-08-09-SC also provides that if there is a mitigating circumstance and no aggravating circumstance, the Court "may impose the penalties of suspension or fine for a period or amount not less than half of the minimum prescribed" under the rule.

Considering that Judge Ferraris, Jr. has already retired, suspension from service can no longer be imposed. The minimum penalty of a fine of P100,001.00 for each count of serious charge (gross neglect of duty) and a fine of P35,001.00 for each count of less serious charges (simple neglect of duty and violation of Supreme Court rules, directives and circulars that establish an internal policy, rule and procedure, or protocol) or a total of P270,004.00 may be imposed. Applying the mitigating circumstances, the Court deems it proper to impose the minimum imposable penalty or P135,002.00 or half of the prescribed penalty.