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Rule 140

Rule 140 outlines the procedures for the discipline of judges and justices, detailing how complaints can be initiated, classified, and investigated. It specifies the types of charges (serious, less serious, and light) and the corresponding sanctions that may be imposed for each category. The rule emphasizes confidentiality in proceedings and mandates timely investigations and reporting by the investigating judges or justices.

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0% found this document useful (0 votes)
32 views3 pages

Rule 140

Rule 140 outlines the procedures for the discipline of judges and justices, detailing how complaints can be initiated, classified, and investigated. It specifies the types of charges (serious, less serious, and light) and the corresponding sanctions that may be imposed for each category. The rule emphasizes confidentiality in proceedings and mandates timely investigations and reporting by the investigating judges or justices.

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Su Kings Abeto
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© © All Rights Reserved
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RULE 140 to the Office of the Court Administrator for SEC. 6. Action.

– The Court shall take such


evaluation, report, and recommendation or action on the report as the facts and the law
DISCIPLINE OF JUDGES OF REGULAR AND assign the case for investigation, report, and may warrant.
SPECIAL COURTS AND JUSTICES OF THE COURT recommendation to a retired member of the
OF APPEALS AND THE SANDIGANBAYAN Supreme Court, if the respondent is a Justice of SEC. 7. Classification of charges. –
the Court of Appeals and the Sandiganbayan, Administrative charges are classified as serious,
SECTION 1. How instituted. – Proceedings for or to a Justice of the Court of Appeals, if the less serious, or light.
the discipline of judges of regular and special respondent is a Judge of a Regional Trial Court
courts and Justices of the Court of Appeals and or of a special court of equivalent rank, or to a SEC. 8. Serious charges. – Serious charges
the Sandiganbayan may be instituted motu Judge of the Regional Trial Court if the include:
proprio by the Supreme Court or upon a respondent is a Judge of an inferior court.
verified complaint, supported by affidavits of 1. Bribery, direct or indirect;
person who have personal knowledge of the SEC. 4. Hearing. – the investigating Justice or 2. Dishonesty and violations of the Anti-Graft
facts alleged therein or by documents which Judge shall set a day of the hearing and send and Corrupt Practices Law (R.A. No. 3019);
may substantiate said allegations, or upon an notice thereof to both parties. At such hearing
anonymous complaint, supported by public the parties may present oral and documentary 3. Gross misconduct constituting violations of
records of indubitable integrity. The complaint evidence. If, after due notice, the respondent the Code of Judicial Conduct;
shall be in writing and shall state clearly and fails to appear, the investigation shall proceed
concisely the acts and omissions constituting ex parte. 4. Knowingly rendering an unjust judgment or
violations of standards of conduct prescribed order as determined by a competent court in
for Judges by law, the Rules of Court, or the The Investigating Justice or Judge shall an appropriate proceeding;
Code of Judicial Conduct. terminate the investigation within ninety (90)
days from the date of its commencement or 5. Conviction of a crime involving moral
SEC. 2. Action on the complaint. – If the within such extension as the Supreme Court turpitude;
complaint is sufficient in form and substance, a may grant.
copy thereof shall be served upon the 6. Willful failure to pay a just debt;
respondent, and he shall be required to SEC. 5. Report. – Within thirty (30) days from
comment within ten (10) days from the date of the termination of the investigation, the 7. Borrowing money or property from lawyers
service. Otherwise, the same shall be investigating Justice or Judge shall submit to and litigants in a case pending before the
dismissed. the Supreme Court a report containing findings court;
of fact and recommendation. The report shall
SEC. 3. By whom complaint investigated. – be accompanied by the record containing the 8. Immorality;
Upon the filing of the respondent’s comment, evidence and the pleadings filed by the parties.
or upon the expiration of the time for filing the The report shall be confidential and shall be for 9. Gross ignorance of the law or procedure;
same and unless other pleadings or documents the exclusive use of the Court.cralaw
are required, the Court shall refer the matter 10. Partisan political activities; and
4. Undue delay in the submission of monthly 1. A fine of not less than P1,000.00 but not
11. Alcoholism and/or vicious habits. reports. exceeding P10,000.00 and/or
2. Censure;
SEC. 9. Less Serious Charges. – Less serious SEC. 11. Sanctions. – A. If the respondent is
charges include: guilty of a serious charge, any of the following 3. Reprimand;
sanctions may be imposed:
1. Undue delay in rendering a decision or 4. Admonition with warning.
order, or in transmitting the records of a case; 1. Dismissal from the service, forfeiture of all
or part of the benefits as the Court may SEC. 12. Confidentiality of proceedings. –
2. Frequently and unjustified absences without determine, and disqualification from Proceedings against Judges of regular and
leave or habitual tardiness; reinstatement or appointment to any public special courts and Justices of the Court of
office, including government-owned or Appeals and the Sandiganbayan shall be
3. Unauthorized practice of law; controlled corporations. Provided, however, private and confidential, but a copy of the
that the forfeiture of benefits shall in no case decision or resolution of the court shall be
4. Violation of Supreme Court rules, directives, include accrued leave credits; attached to the record of the respondent in the
and circulars; Office of the Court Administrator.
2. Suspension from office without salary and These amendments to Rule 140 shall take
5. Receiving additional or double other benefits for more than three (3) but not effect on October 1, 2001 following their
compensation unless specifically authorized by exceeding six (6) months; or publication in two newspapers of general
law; circulation on or before September 15, 2001.
3. A fine of more than P20,000.00 but not
6. Untruthful statements in the certificate of exceeding P40,000.00 September 11, 2001, Manila.
service; and
B. If the respondent is guilty of a less serious CODE OF PROFESSIONAL RESPONSIBILITY
7. Simple Misconduct. charge, any of the following sanctions shall be (Promulgated June 21, 1988)
imposed:
SEC. 10. Light Charges. – Light charges include: 1. Suspension from office without salary and CANON 1 - A LAWYER SHALL UPHOLD THE
other benefits for not less than one (1) nor CONSTITUTION, OBEY THE LAWS OF THE LAND
1. Vulgar and unbecoming conduct; more than three (3) months; or AND PROMOTE RESPECT FOR LAW OF AND
2. A fine of more than P10,000.00 but not LEGAL PROCESSES.
2. Gambling in public; exceeding P20,000.00.
CANON 2 - A LAWYER SHALL MAKE HIS LEGAL
3. Fraternizing with lawyers and litigants with C. If the respondent is guilty of a light charge, SERVICES AVAILABLE IN AN EFFICIENT AND
pending case/cases in his court; and any of the following sanctions shall be CONVENIENT MANNER COMPATIBLE WITH THE
imposed: INDEPENDENCE, INTEGRITY AND
EFFECTIVENESS OF THE PROFESSION.
COLLEAGUES, AND SHALL AVOID HARASSING
CANON 3 - A LAWYER IN MAKING KNOWN HIS TACTICS AGAINST OPPOSING COUNSEL.
LEGAL SERVICES SHALL USE ONLY TRUE,
HONEST, FAIR, DIGNIFIED AND OBJECTIVE CANON 9 - A LAWYER SHALL NOT, DIRECTLY OR
INFORMATION OR STATEMENT OF FACTS. INDIRECTLY, ASSIST IN THE UNAUTHORIZED
PRACTICE OF LAW.
CANON 4 - A LAWYER SHALL PARTICIPATE IN
THE DEVELOPMENT OF THE LEGAL SYSTEM BY CHAPTER III. THE LAWYER AND THE COURTS
INITIATING OR SUPPORTING EFFORTS IN LAW
REFORM AND IN THE IMPROVEMENT OF THE CANON 10 - A LAWYER OWES CANDOR,
ADMINISTRATION OF JUSTICE. FAIRNESS AND GOOD FAITH TO THE COURT.

CANON 5 - A LAWYER SHALL KEEP ABREAST OF CANON 11 - A LAWYER SHALL OBSERVE AND
LEGAL DEVELOPMENTS, PARTICIPATE IN MAINTAIN THE RESPECT DUE TO THE COURTS
CONTINUING LEGAL EDUCATION PROGRAMS, AND TO JUDICIAL OFFICERS AND SHOULD
SUPPORT EFFORTS TO ACHIEVE HIGH INSIST ON SIMILAR CONDUCT BY OTHERS.
STANDARDS IN LAW SCHOOLS AS WELL AS IN
THE PRACTICAL TRAINING OF LAW STUDENTS CANON 12 - A LAWYER SHALL EXERT EVERY
AND ASSIST IN DISSEMINATING THE LAW AND EFFORT AND CONSIDER IT HIS DUTY TO ASSIST
JURISPRUDENCE. IN THE SPEEDY AND EFFICIENT
ADMINISTRATION OF JUSTICE.
CANON 6 - THESE CANONS SHALL APPLY TO
LAWYERS IN GOVERNMENT SERVICES IN THE CANON 13 - A LAWYER SHALL RELY UPON THE
DISCHARGE OF THEIR TASKS. MERITS OF HIS CAUSE AND REFRAIN FROM
ANY IMPROPRIETY WHICH TENDS TO
CHAPTER II. THE LAWYER AND THE LEGAL INFLUENCE, OR GIVES THE APPEARANCE OF
PROFESSION INFLUENCING THE COURT.

CANON 7 - A LAWYER SHALL AT ALL TIMES CHAPTER IV. THE LAWYER AND THE CLIENT
UPHOLD THE INTEGRITY AND DIGNITY OF THE
LEGAL PROFESSION AND SUPPORT THE CANON 14 - A LAWYER SHALL NOT REFUSE HIS
ACTIVITIES OF THE INTEGRATED BAR. SERVICES TO THE NEEDY.

CANON 8 - A LAWYER SHALL CONDUCT


HIMSELF WITH COURTESY, FAIRNESS AND
CANDOR TOWARDS HIS PROFESSIONAL

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