Automatic Conversion of Some Administrative Cases Against Justices, Judges and Certain Court Officials as Disciplinary Proceedings Against Them
On September 17, 2002, the Supreme Court of the Philippines issued a resolution (A.M. No. 02-9-02-SC) regarding the automatic conversion of certain administrative cases against justices, judges, and court officials who are lawyers into disciplinary proceedings as members of the Philippine Bar. This resolution applies when the grounds for the administrative cases also constitute violations of the Lawyer's Oath, the Code of Professional Responsibility, or recognized breaches of conduct. Respondents may be required to respond to complaints and face potential disciplinary actions such as suspension or disbarment. The resolution supplements Rule 140 of the Rules of Court and is effective from October 1, 2002, including cases already filed but not yet commented on by the respondents. It was published in the Manila Bulletin on September 25, 2002.
September 17, 2002
A.M. No. 02-9-02-SC
Gentlemen :
Quoted hereunder for your information, is a resolution of the Court En Banc dated September 17, 2002
A.M. No. 02-9-02-SC Re: Automatic Conversion of Some Administrative Cases Against Justices of the Court of Appeals and the Sandiganbayan; Judges of Regular and Special Courts; and Court Officials Who are Lawyers as Disciplinary Proceedings Against Them Both as Such Officials and as Members of the Philippine Bar.
Some administrative cases against Justices of the Court of Appeals and the Sandiganbayan; judges of regular and special courts; and court officials who are lawyers are based on grounds which are likewise grounds for the disciplinary action of members of the Bar for violation of the Lawyer's Oath, the Code of Professional Responsibility, and the Canons of Professional Ethics, or for such other forms of breaches of conduct that have been traditionally recognized as grounds for the discipline of lawyers.
In any of the foregoing instances, the administrative case shall also be considered a disciplinary action against the respondent Justice, judge or court official concerned as a member of the Bar. The respondent may forthwith be required to comment on the complaint and show cause why he should not also be suspended, disbarred or otherwise disciplinary sanctioned as a member of the Bar. Judgment in both respects may be incorporated in one decision or resolution.
This Resolution shall supplement Rule 140 of the Rules of Court and shall take effect on the first day of October 2002. It shall apply to administrative cases already filed where the respondents have not yet been required to comment on the complaints.
This Resolution shall be published in a newspaper of general circulation in the Philippines.
Very truly yours,
(SGD.) LUZVIMINDA D. PUNOClerk of Court
Published in the Manila Bulletin on September 25, 2002.