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
Supreme Court Circular No. 17-88, issued on December 20, 1988, mandates that any complaints against Justices and Judges of lower courts filed with the Commission on Bar Discipline must be promptly referred to the Supreme Court for action. This decision follows a resolution recognizing that the Supreme Court holds exclusive authority over the discipline of lower court judges, as outlined in Section 11, Article VIII of the 1987 Constitution. The circular emphasizes that attempts to grant the Integrated Bar of the Philippines jurisdiction over such complaints were rejected, reinforcing the Supreme Court's central role in maintaining judicial integrity. Compliance with this directive is required from all concerned courts and officials.
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?
- Supreme Court Circular No. 17-88, issued on December 20, 1988, mandates that any complaints against Justices and Judges of lower courts filed with the Commission on Bar Discipline must be promptly referred to the Supreme Court for action. This decision follows a resolution recognizing that the Supreme Court holds exclusive authority over the discipline of lower court judges, as outlined in Section 11, Article VIII of the 1987 Constitution. The circular emphasizes that attempts to grant the Integrated Bar of the Philippines jurisdiction over such complaints were rejected, reinforcing the Supreme Court's central role in maintaining judicial integrity. Compliance with this directive is required from all concerned courts and officials.
- What type of law is Supreme Court 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 (Supreme Court 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 (Supreme Court Circular No. 17-88) was enacted on Dec 20, 1998.
- 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, Supreme Court Circular No. 17-88, Dec 20, 1998 (Philippines)
Law Information
- Reference Number
- Supreme Court Circular No. 17-88
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
December 20, 1988
SUPREME COURT 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. MACEREN Court 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, Supreme Court Circular No. 17-88, Dec 20, 1998 (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, Supreme Court Circular No. 17-88 (Phil. 1998)
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