Complaints against Justices and Judges of the lower courts filed with the Commission on Bar Discipline to be promptly referred to the Supreme Court for appropriate action
OCA Circular No. 17-88, issued on December 20, 1988, mandates that all complaints against Justices and Judges of lower courts filed with the Commission on Bar Discipline must be promptly referred to the Supreme Court for appropriate action. This decision stems from the Supreme Court's assertion of its exclusive authority to discipline judges, as outlined in Section 11, Article VIII of the 1987 Constitution. The circular underscores that the Integrated Bar of the Philippines (IBP) does not have jurisdiction over such complaints, as previous proposals to grant it this authority were rejected. Compliance with this directive is required to ensure the integrity of the judicial system.
Quick Answers
- What is Complaints against Justices and Judges of the lower courts filed with the Commission on Bar Discipline to be promptly referred to the Supreme Court for appropriate action about?
- OCA Circular No. 17-88, issued on December 20, 1988, mandates that all complaints against Justices and Judges of lower courts filed with the Commission on Bar Discipline must be promptly referred to the Supreme Court for appropriate action. This decision stems from the Supreme Court's assertion of its exclusive authority to discipline judges, as outlined in Section 11, Article VIII of the 1987 Constitution. The circular underscores that the Integrated Bar of the Philippines (IBP) does not have jurisdiction over such complaints, as previous proposals to grant it this authority were rejected. Compliance with this directive is required to ensure the integrity of the judicial system.
- What type of law is OCA Circular No. 17-88?
- Complaints against Justices and Judges of the lower courts filed with the Commission on Bar Discipline to be promptly referred to the Supreme Court for appropriate action (OCA Circular No. 17-88) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Complaints against Justices and Judges of the lower courts filed with the Commission on Bar Discipline to be promptly referred to the Supreme Court for appropriate action enacted?
- Complaints against Justices and Judges of the lower courts filed with the Commission on Bar Discipline to be promptly referred to the Supreme Court for appropriate action (OCA Circular No. 17-88) was enacted on Dec 20, 1988.
- What is the citation for Complaints against Justices and Judges of the lower courts filed with the Commission on Bar Discipline to be promptly referred to the Supreme Court for appropriate action?
- Complaints against Justices and Judges of the lower courts filed with the Commission on Bar Discipline to be promptly referred to the Supreme Court for appropriate action, OCA Circular No. 17-88, Dec 20, 1988 (Philippines)
Law Information
- Reference Number
- OCA Circular No. 17-88
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
December 20, 1988
OCA CIRCULAR NO. 17-88
| TO | : | The Court of Appeals, All Judges of the Regional Trial Courts, Court of Tax Appeals, Metropolitan Trial Courts, Municipal Trial Courts in Cities, Municipal Trial Courts, Municipal Circuit Trial Courts, Shari'a District Courts, Shari'a Circuit Courts, and the IBP |
| SUBJECT | : | Complaints against Justices and Judges of the lower courts filed with the Commission on Bar Discipline to be promptly referred to the Supreme Court for appropriate action |
Quoted hereunder, the information and guidance of all concerned, is the resolution of the Court En Banc, dated November 29, 1988, in "RE: Letter of Acting Presiding Justice RODOLFO A. NOCON and Associate Justices REYNATO S. PUNO and ALFREDO MARIGOMEN of the Court of Appeals."
"Acting on the letter of Acting Presiding Rodolfo A. Nocon and Associate Justices Reynato S. Puno and Alfredo Marigomen of the Court of Appeals (First Division), dated November 11, 1988, addressed to Chief Justice Marcelo B. Fernan, the Court Resolved to require the IBP Commission on Bar Discipline headed by Atty. Jose F. Racela, Jr., Executive Commissioner, to REFER the complaint filed by Atty. Eduardo R. Balaoing docketed as CBD Case No. 055 to this Court for appropriate action as the said complaint was filed against them in their capacity as Court of Appeals Justices regarding a petition filed before their division. The assumption of such jurisdiction is a duplication of the Court's exclusive sphere of authority and power, not to mention its far-reaching ill effects on the administration of justice as provided for in Section 11, Article VIII of the 1987 Constitution, which states:
"Sec. 11. The members of the Supreme Court and judges of the lower courts shall hold office during good behavior until they reach the age of seventy years or become incapacitated to discharge the duties of their office. The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in the deliberation on the issues in the case and voted thereon. acd
A review of the history of Rule 139-B on Disbarment and Discipline of Attorneys will show that the IBP's proposal to be given jurisdiction over complaints against a Justice of the Court of Appeals or judge of a lower court was rejected in its final draft. Thus, the second paragraph of Section 3 of the Draft of Proposed New Rule 139 suggested by the IBP which grants authority to its Board of Governors to act on complaints against a Justice of the Court of Appeals or judge of the lower court was conspicuously dropped in its final version. In view whereof all complaints against Justices and Judges of the lower courts filed with the Commission on Bar Discipline should promptly be REFERRED to the Supreme Court for appropriate action."
Strict compliance herewith is hereby enjoined.
December 20, 1988.
(SGD.) MAXIMO A. MACERENCourt Administrator
Cite This Law
Complaints against Justices and Judges of the lower courts filed with the Commission on Bar Discipline to be promptly referred to the Supreme Court for appropriate action, OCA Circular No. 17-88, Dec 20, 1988 (Philippines)
Complaints against Justices and Judges of the lower courts filed with the Commission on Bar Discipline to be promptly referred to the Supreme Court for appropriate action, OCA Circular No. 17-88 (Phil. 1988)
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