administrative disciplinary action by supreme court

8/8/2019 Administrative Disciplinary Action by Supreme Court

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ADMINISTRATIVE

DISCIPLINARY

ACTION BY

SUPREME COURT


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ADMINISTRATIVE

LIABILITY

Justices of the Supreme

Court may be removed

from office on

impeachment, for and

conviction of, culpableviolation of the

Constitution.


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VIOLATION OF THE

CONSTITUTION:Treason

BriberyGraft and Corruption

Betrayals of thepublic trust


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All other Justices and

Judges from the Court

of Appeals to the lowest

level may be removedfrom office as provided

by law, but not byimpeachment.


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AUTHORITY TO DISCIPLINE

The Supreme Court shall

have administrative

supervision over all courtsand the personnel thereof.

Complaints against Judgesshould accordingly filed

with the Supreme Court.


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ACTS OR OMISSIONS WHICH

CONSTITUTE GROUNDS FORDISCIPLINE

Malfeasance

Misfeasance

Nonfeasance


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Malfeasance- performance of

some act which ought not tobe done.

Misfeasance- improper

performance of some act

which might lawfully be done.

Nonfeasance- omission of anact which ought to be

performed.


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GROUNDS FOR SUSPENSION

OR DISMISSAL:Those related to the

discharge of the functions of

the office concerned.

yNeglect of duty

y

OppressionyCorruption

yMaladministration


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Those not related to, or

connected with, the

functions of the office,

such as commission ofthe crime.


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CLASSIFICATIONS OFCHARGES IN SERIOUS,

LESS SERIOUS AND

LIGHT CHARGES


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SERIOUS CHARGES:

Bribery, direct or indirect.Dishonesty and violations of the Anti-

Graft and Corrupt Practices Law (R.A.

No. 3019).

Gross misconduct constituting

violations of the Code of Judicial

Conduct.

Knowingly rendering an unjustjudgement or order as determined by

a competent court in an appropriate

proceeding.


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Conviction of crime including

moral turpitude.Willful failure to pay a just debt.

Borrowing money or property from

lawyers and litigants in a casepending before the court.

Immorality

Gross ignorance of the law orprocedure

Partisan political activities

Alcoholism and/or vicious habits.


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LESS SERIOUS CHARGES:

Undue delay in rendering adecision or order or in

transmitting records of the case.

Frequent and unjustifiedabsences without leave or

habitual tardiness.

Unauthorized practice of law.

Violation of Supreme Court

rules, directive and circulars.


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Receiving additional or doublecompensation unless specifically

authorized by law.

Simple misconductUntruthful statements in the

certificate of service.


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LIGHT CHARGES:

Vulgar and unbecoming

conduct.

Gambling in public.Fraternizing with lawyers and

litigants with pending case/cases

in his courtUndue delay in the submission of

month reports.


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Serious charges are

those which require

sanctions from a

fine of not exceeding

P40,000.00 to

dismissal from

service.


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The less serious charges

are those which warrant

the imposition of

sanctions ranging from afine not exceeding

P20,000.00 to suspension

from service of not more

than three(3) months.


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The light charges may

entail sanctions fromadmonition with warning to

a fine not exceeding

P10,000.00. however,

repeated violations of light

offenses may render ajudge liable for less serious

or even serious charges.


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VIOLATION OF SUPREME COURT

RULES, DIRECTIVE AND CIRCULARSThe failure of a judge to respond to show-

cause resolution of the Supreme Court; or

his disobedience of a suspension order of

the high tribunal or of the lawful orders of

superior courts renders him

administratively liable for such infraction.

The judges refusal to comply with the

Courts resolution requiring him to file hiscomment on the administrative charge

against him aggravates his offense and

justifies stiffer penalty.


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A judge who did not inhibit himself from

trying case, where he is disqualified from

doing so by law, such as a case involving hisuncle or grandson, is guilty of abuse of

authority warranting imposition of

administrative sanction.

A judge who travelled abroad without

requesting for permission from the Supreme

Court may be dealt with disciplinarily, as the

same is a violation of a standing circular of theSupreme Court, and if the same has been so

repeated as to amount to abandonment of

office, he may be dismissed from service.


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A judge commits abuse of discretion

deserving disciplinary action, in

hearing a contentious motion on the

same day the same was filed, as he

violates the three-day rule on

hearing motions.The fact that the

counsel for the adverse party is

present by happenstance provides

no excuse, for setting a motion for

hearing on shorter notice may only

be for good cause.


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ADMINISTRATIVE

PROCEDURE


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HOW PROCEEDINGS ARE

INSTITUTED:

Proceedings for the discipline of judges of

regular and special courts and Justices of

the Court of Appeals and the

Sandiganbayan may be institutedmotuproprio by the Supreme Court or upon a

verified complaint, supported by affidavits

of persons who have personal knowledge

of the facts alleged therein by documentswhich may substantiate said allegations, or

upon an anonymous complaint, supported

by public records of indubitable integrity


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The complaint shall be in

writing and shall state clearly

and concisely the acts and

omissions constitutingviolations of standards of

conduct prescribed for Judges

by law, the Rules of Court, orthe Code of Judicial Conduct.


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ACTION ON THE

COMPLAINT

If the complaint is sufficient in

form and substance, a copy

thereof shall be served uponthe respondent, and he shall

be required to comment

within ten(10) days from thedate of service. Otherwise,

the same shall be dismissed.


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Some administrative cases against

Justices of the Court of Appeals and the

Sandiganbayan; judges of regular andspecial courts, and other court officials

who are lawyers are based on the

grounds for the disciplinary action ofmembers of the Bar for the violation of

the lawyers oath, Code of Professional

Ethics, or for such other forms of

breaches of conduct that have been

traditionally recognized as grounds for

the disciplinary of lawyers.


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HEARING

The investigating

Justice or Judge shall

set a day for the

hearing and send

notice thereof to both

parties.


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DECISION; SANCTIONS

The Court shall take such

action on the report as the

facts and the law may warrant,which may be dismissing the

complaint or holding the

judge liable and imposing the

corresponding penalty

against him.


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IF THE RESPONDENT IS GUILTY

OF A SERIOUS CHARGE

Dismissal from the service, forfeiture of all or part

of the benefits as this 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.

Suspension from office without salary and other

benefits for more than three(3) months but not

exceeding six(6) months.

Or a fine of more than P20,000.00 but not

exceeding P40,000.00.


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IF THE RESPONDENT IS

GUILTY OF A LESS SERIOUS

CHARGE

Suspension from office without

salary and other benefits for notless than one(1) month nor morethan three(3) months.

A fine of more than P10,000.00but not exceeding P20,000.00.


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IF THE RESPONDENT IS

GUILTY OF A LIGHT CHARGEA fine of not less than

P1,000.00 but not

exceeding P10,000.00;and/or

Censure;Reprimand;

Admonition and warning.


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CONFIDENTIALITY OF

PROCEEDINGS

Proceedings against Judges ofregular and special courts and

Justices of the Court of Appeals and

the Sandiganbayan shall be privateand confidential.

The confidential character ofproceedings during their pendency

has a three-fold purpose.y To enable the Supreme Court to make

its investigation free from anyextraneous influence orinterferences.


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y To protect the personal and professional

reputation of the Justices and Judges frombaseless charges of disgruntled, vindictiveand irresponsible persons or litigants byprohibiting the publication of such chargespending their final resolution.

y

To deter the press from publishing thecharges or proceedings based thereon foreven a verbatim reproduction of the complainagainst a Judge in a newspaper may beactionable.

o However, the confidentiality of theproceedings is a privilege or right whichmay be waived by the Judge.


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After the Supreme Court shall have

rendered its decision or resolutionin the administrative case, a copy

thereof is attached to the record of

the respondent in the Office of theCourt administrator.The

proceeding then ceases to be

confidential, and the decision

becomes a public document, just

like any other decisions of the

Court.

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