OCA Circular No. 94-07 outlines the guidelines regarding the authority of an Investigating Executive Judge in administrative cases within the Philippine judicial system. If an investigation has commenced and evidence has been submitted, the original Investigating Executive Judge may continue their work even after being relieved of their position. Conversely, if the investigation has not yet started, a new Executive Judge will assume responsibility for the case. Additionally, in instances where the Investigating Executive Judge is dismissed, retires, or is suspended, the new or acting Executive Judge will take over the case at any stage and must notify the Court accordingly. The new Executive Judge can request an extension if the original time allotted for the investigation is insufficient.
October 3, 2007
OCA CIRCULAR NO. 94-07
| TO | : | All Executive Judges |
| SUBJECT | : | Guidelines on the Authority of the Investigating Executive Judge |
The First Division acting on the letter dated 28 June 2007 of Judge Raul E. de Leon, Regional Trial Court, Branch 258, Parañaque City, requesting the opinion of the Court on whether he can continue with his investigation pursuant to the Resolution dated 22 November 2006, considering that a new Executive Judge had been designated in the Regional Trial Court, Parañaque City, Resolved: TCaSAH
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(2) to APPROVE the following guidelines on the authority of the Investigating Executive Judge, to wit:
(a) If the investigation in an administrative case had already started or if the parties therein had already submitted their evidence, the Investigating Executive Judge to whom the case had been assigned by the Court shall continue to hear the case or prepare the corresponding report, as the case may be, regardless of whether he is subsequently relieved as Executive Judge or his term as such expires. The designation of a new Executive Judge shall not work to undermine the authority of the former Investigating Executive Judge over the case;
(b) Conversely, if the investigation has not started and the Investigating Executive Judge is subsequently relieved as Executive Judge or his term as such expires, the new Executive Judge shall take over the investigation. The former Executive Judge to whom the case was originally referred to shall inform the Court, by way of a simple manifestation, of such development. He shall, however, immediately forward the records of the case to the new Executive Judge who shall begin the investigation;
(c) If the Investigating Executive Judge to whom the case was originally assigned is dismissed/retires from the service, dies or is suspended by the Court, the new/acting Executive Judge shall take over the case regardless of the stage it is in. The new/acting Executive Judge shall inform the Court of such development by way of a simple manifestation; and
(d) The new Executive Judge who takes over the case shall have the remaining period originally allotted by the Court to continue the investigation and submit the corresponding report. In the event that the remaining balance of the period is not sufficient, the new Executive Judge shall make the appropriate request to the Court for an extension of the period; and DaScAI
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For the information and guidance of all concerned.
(SGD.) CHRISTOPHER O. LOCKCourt Administrator