Amendments to the Fines Provided in Rule 140 of the Revised Rules of Court

March 16, 2021

A.M. No. 21-03-17-SC

AMENDMENTS TO THE FINES PROVIDED IN RULE 140 OF THE REVISED RULES OF COURT

RESOLUTION

WHEREAS, in a Memorandum dated 15 March 2021, Court Administrator Jose Midas P. Marquez recommended the increase in the fines provided in Section 25, paragraphs A and B, Rule 140 of the Revised Rules of Court, in order to be consistent and commensurate with the prevailing Salary Schedule of judges and personnel of the Judiciary, who are subject to disciplinary actions under the said Rule;

WHEREAS, in paragraph A of Rule 140, two (2) of the sanctions are either a "suspension from office without salary and other benefits for more than three (3) but not exceeding six (6) months," or "a fine of more than P20,000.00 but not exceeding P40,000.00"; while in paragraph B, the two (2) options are either a "suspension from office without salary and other benefits for not less than one (1) month nor more than three (3) months," or "a fine of more than P10,000.00 but not exceeding P20,000.00";

WHEREAS, in paragraph C of Rule 140, one of the sanctions is "a fine of not less than P1,000.00 but not exceeding P10,000.00";

WHEREAS, to harmonize the fine imposed with the period of suspension from office, and considering the depreciation of the value of the Philippine Peso, the amount of the fines should be increased;

NOW, THEREFORE, acting on the recommendation of the Office of the Court Administrator, the Court Resolved to AMEND Section 25, paragraphs A, B and C, Rule 140 of the Revised Rules of Court, to read as follows:

"Section 25. Sanctions. —

A. If the respondent is guilty of a serious charge, any of the following sanctions may be imposed:

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 credit;

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 P100,000.00 but not exceeding P200,000.00.

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) month nor more than three (3) months; or

2. A fine of not less than P35,000.00 but not exceeding P100,000.00.

C. If the respondent is guilty of a light charge, any of the following sanctions shall be imposed:

1. A fine of not less than P1,000.00 but not exceeding P35,000.00 and/or

2. Censure;

3. Reprimand;

4. Admonition with warning."

These amendments to Section 25, paragraphs A, B and C of Rule 140 of the Revised Rules of Court shall take effect on 31 May 2021 following their 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 Manila Bulletin and Philippine Daily Inquirer on May 15, 2021.