A.M.
NO. 01-8-10-SC
RE:
PROPOSED AMENDMENT TO RULE
140 OF THE RULES OF COURT RE: DISCIPLINE OF JUSTICES AND
JUDGES
The Court
resolved
to APPROVE the amendment of Rule
140 of the Rules of Court regarding the discipline of Justices and
Judges, so as to read as follows:chanroblesvirtuallawlibrary
RULE
140 DISCIPLINE
OF JUDGES OF REGULAR AND SPECIAL COURTS AND JUSTICES OF THE COURT OF
APPEALS
AND THE SANDIGANBAYAN
SECTION 1. How
instituted. – Proceedings for the discipline of judges of regular
and
special courts and Justices of the Court of Appeals and the
Sandiganbayan
may be instituted motu proprio by the Supreme Court or upon a
verified
complaint, supported by affidavits of person who have personal
knowledge
of the facts alleged therein or by documents which may substantiate
said
allegations, or upon an anonymous complaint, supported by public
records
of indubitable integrity. The complaint shall be in writing and shall
state
clearly and concisely the acts and omissions constituting violations of
standards of conduct prescribed for Judges by law, the Rules
of Court, or the Code of Judicial Conduct.cralaw:red
SEC. 2. Action
on the complaint. – If the complaint is sufficient in form and
substance,
a copy thereof shall be served upon the respondent, and he shall be
required
to comment within ten (10) days from the date of service. Otherwise,
the
same shall be dismissed.cralaw:red
SEC. 3. By whom
complaint investigated. – Upon the filing of the respondent’s
comment,
or upon the expiration of the time for filing the same and unless other
pleadings or documents are required, the Court shall refer the matter
to
the Office of the Court Administrator for evaluation, report, and
recommendation
or assign the case for investigation, report, and recommendation to a
retired
member of the Supreme Court, if the respondent is a Justice of the
Court
of Appeals and the Sandiganbayan, or to a Justice of the Court of
Appeals,
if the respondent is a Judge of a Regional Trial Court or of a special
court of equivalent rank, or to a Judge of the Regional Trial Court if
the respondent is a Judge of an inferior court.cralaw:red
SEC. 4. Hearing.
– the investigating Justice or Judge shall set a day of the hearing and
send notice thereof to both parties. At such hearing the parties may
present
oral and documentary evidence. If, after due notice, the respondent
fails
to appear, the investigation shall proceed ex parte.
The Investigating
Justice or Judge shall terminate the investigation within ninety (90)
days
from the date of its commencement or within such extension as the
Supreme
Court may grant.cralaw:red
SEC. 5. Report. – Within thirty (30) days
from the termination of the
investigation,
the investigating Justice or Judge shall submit to the Supreme Court a
report containing findings of fact and recommendation. The report shall
be accompanied by the record containing the evidence and the pleadings
filed by the parties. The report shall be confidential and shall be for
the exclusive use of the Court.cralaw:red
SEC. 6. Action. – The Court shall take such
action on the report as the facts
and the
law may warrant.cralaw:red
SEC. 7. Classification
of charges. – Administrative charges are classified as serious,
less
serious, or light.cralaw:red
SEC. 8. Serious
charges. – Serious charges include:chanrobles virtual law library
1. Bribery,
direct
or indirect;
2.
Dishonesty and
violations of the Anti-Graft
and Corrupt Practices Law (R.A. No. 3019);
3. Gross
misconduct
constituting violations of the Code of Judicial Conduct;
4.
Knowingly rendering
an unjust judgment or order as determined by a competent court in an
appropriate
proceeding;
5.
Conviction of
a crime involving moral turpitude;
6.
Willful failure
to pay a just debt;
7.
Borrowing money
or property from lawyers and litigants in a case pending before the
court;
8.
Immorality;
9. Gross
ignorance
of the law or procedure;
10.
Partisan political
activities; and cralaw:red
11.
Alcoholism and/or
vicious habits.cralaw:red
SEC. 9. Less Serious
Charges. – Less serious charges include:chanroblesvirtuallawlibrary
1. Undue
delay in
rendering a decision or order, or in transmitting the records of a case;
2.
Frequently and
unjustified absences without leave or habitual tardiness;
3.
Unauthorized practice
of law;
4.
Violation of Supreme
Court rules, directives, and circulars;
5.
Receiving additional
or double compensation unless specifically authorized by law;
6.
Untruthful statements
in the certificate of service; and cralaw:red
7. Simple
Misconduct.cralaw:red
SEC. 10. Light Charges.
– Light charges include:chanroblesvirtuallawlibrary
1. Vulgar
and unbecoming
conduct;
2.
Gambling in public;
3.
Fraternizing with
lawyers and litigants with pending case/cases in his court; and cralaw:red
4. Undue
delay in
the submission of monthly reports.cralaw:red
SEC. 11. Sanctions.
– A. If the respondent is guilty of a serious charge, any of the
following
sanctions may be imposed:chanroblesvirtuallawlibrary
1. Dismissal
from
the service, forfeiture of all or part of the benefits as the Court may
determine, and disqualification from reinstatement or appointment to
any
public office, including government-owned or controlled corporations.
Provided,
however, that the forfeiture of benefits shall in no case include
accrued
leave credits;
2.
Suspension from
office without salary and other benefits for more than three (3) but
not
exceeding six (6) months; or
3. A fine
of more
than P20,000.00 but not exceeding P40,000.00
B. If the respondent
is guilty of a less serious charge, any of the following sanctions
shall
be imposed:
1.
Suspension from
office without salary and other benefits for not less than one (1) nor
more than three (3) months; or
2. A fine
of more
than P10,000.00 but not exceeding P20,000.00.cralaw:red
C. If the respondent
is guilty of a light charge, any of the following sanctions shall be
imposed:chanroblesvirtuallawlibrary
SEC. 12. Confidentiality
of proceedings. – Proceedings against Judges of regular and
special
courts and Justices of the Court of Appeals and the Sandiganbayan shall
be private and confidential, but a copy of the decision or resolution
of
the court shall be attached to the record of the respondent in the
Office
of the Court Administrator.
These amendments
to Rule 140
shall take effect on October 1, 2001 following their publication in two
newspapers of general circulation on or before September 15, 2001.cralaw:red
September 11, 2001,
Manila.
HILARIO G. DAVIDE,
JR.Chief Justice
JOSUE N. BELLOSILLO
JOSE A.R. MELO
Associate
Justice
Associate Justice
REYNATO S.
PUNO
JOSE C. VITUG
Associate
Justice
Associate Justice
SANTIAGO M.
KAPUNAN
VICENTE V. MENDOZA
Associate
Justice
Associate Justice
ARTEMIO V.
PANGANIBAN
LEONARDO A. QUISUMBING
Associate
Justice
Associate Justice
BERNARDO P.
PARDO
ARTURO B. BUENA
Associate
Justice
Associate Justice
MINERVA P. GONZAGA-REYES
CONSUELO YNARES-SANTIAGO
Associate
Justice
Associate Justice
SABINO
R. DE
LEON,
JR.
ANGELINA SANDOVAL-GUTIERREZ
Associate
Justice
Associate Justice |