Amendments to Section 12, Rule 140 of the Revised Rules of Court, and to Section 20 of the Internal Rules of Procedure of the Judicial Integrity Board
On February 16, 2021, the Supreme Court of the Philippines approved amendments to Section 12 of Rule 140 of the Revised Rules of Court and Section 2 of Rule VII of the Internal Rules of the Judicial Integrity Board. The amendments streamline the procedure for resolving disciplinary actions, allowing cases to be resolved based on pleadings and documents, with a timeline of 60 days for the Judicial Integrity Board to submit its report unless substantial factual issues necessitate a formal investigation, which must be completed within 90 days. This resolution will take effect on March 16, 2021, following its publication in two newspapers. The changes aim to enhance the efficiency of disciplinary proceedings involving judicial officials.
February 16, 2021
EN BANC
A.M. No. 18-01-05-SC
AMENDMENTS TO SECTION 12, RULE 140 OF THE REVISED RULES OF COURT, AND TO SECTION 20 OF THE INTERNAL RULES OF PROCEDURE OF THE JUDICIAL INTEGRITY BOARD
Acting on Judicial Integrity Board Resolution No. 01, Series of 2021, approved by the Judicial Integrity Board on February 8, 2021, the Court Resolved to APPROVE the proposed Amendments to Section 12, Rule 140 of the Revised Rules of Court and to Section 2, Rule VII of the Internal Rules of the Judicial Integrity Board, so as to read as follows: HTcADC
"Section 12. Procedure for Resolution of Disciplinary Actions. — Any disciplinary action against any of those mentioned in Section 1 (1), which can be resolved on the basis of the pleadings of the parties, documents/papers or public or court records, and/or documents or papers filed with or submitted by them to the Judicial Integrity Board shall be deemed submitted for the preparation and submission by the Judicial Integrity Board of its Report and Recommendation to the Supreme Court within sixty (60) calendar days from receipt of the said pleadings and/or records or documents.
"However, if based on the pleadings of the parties, there is prima facie case against the respondent as substantial factual issues are raised, the Judicial Integrity Board shall docket the case as a regular administrative matter, conduct a formal investigation within ninety (90) calendar days, and submit a report and recommendation to the Supreme Court."
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"Section 2. Formal Investigation. — If there is a prima facie case against the respondent based on the pleadings of the parties, documents/papers or records submitted to the JIB, and substantial facts are raised, the JIB shall docket the case as a regular administrative matter. The JIB shall conduct the formal investigation within ninety (90) calendar days from the date of its commencement, which may be extended by the Supreme Court upon request by the JIB. Thereafter, the JIB shall submit to the Supreme Court its report and recommendation."
This Resolution shall take effect on March 16, 2021 following its publication in two (2) newspapers of general circulation.
(SGD.) DIOSDADO M. PERALTAChief Justice
(SGD.) ESTELA M. PERLAS-BERNABESenior Associate Justice
(SGD.) MARVIC M.V.F. LEONENAssociate Justice
(SGD.) ALFREDO BENJAMIN S. CAGUIOAAssociate Justice
(SGD.) ALEXANDER G. GESMUNDOAssociate Justice
(SGD.) RAMON PAUL L. HERNANDOAssociate Justice
(SGD.) ROSMARI D. CARANDANGAssociate Justice
(SGD.) AMY C. LAZARO-JAVIERAssociate Justice
(SGD.) HENRI JEAN PAUL B. INTINGAssociate Justice
(SGD.) RODIL V. ZALAMEDAAssociate Justice
(SGD.) MARIO V. LOPEZAssociate Justice
(SGD.) EDGARDO L. DELOS SANTOSAssociate Justice
(SGD.) SAMUEL H. GAERLANAssociate Justice
(SGD.) RICARDO R. ROSARIOAssociate Justice
(SGD.) JHOSEP Y. LOPEZAssociate Justice
Published in the Philippine Daily Inquirer and Manila Bulletin on February 28, 2021.