Protection of Judiciary Members from Baseless and Unfounded Administrative Complaints

Protection of Judiciary Members from Baseless and Unfounded Administrative Complaints

<--!10142003-->A.M. No. 03-10-01-SCOct 14, 2003Supreme Court Issuances4 min read

The Supreme Court of the Philippines issued a resolution on October 14, 2003, to address the issue of baseless and unfounded administrative complaints against members of the judiciary. The resolution aims to protect judges and justices from harassment by allowing for the dismissal of malicious complaints and holding complainants in contempt if found to have filed such complaints intentionally. Complaints filed close to a judge's retirement, or those lacking merit, will be recommended for dismissal to maintain judicial efficiency and integrity. This resolution modifies Rule 140 of the Rules of Court and takes effect on November 4, 2003, following publication.

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What is Protection of Judiciary Members from Baseless and Unfounded Administrative Complaints about?: The Supreme Court of the Philippines issued a resolution on October 14, 2003, to address the issue of baseless and unfounded administrative complaints against members of the judiciary. The resolution aims to protect judges and justices from harassment by allowing for the dismissal of malicious complaints and holding complainants in contempt if found to have filed such complaints intentionally. Complaints filed close to a judge's retirement, or those lacking merit, will be recommended for dismissal to maintain judicial efficiency and integrity. This resolution modifies Rule 140 of the Rules of Court and takes effect on November 4, 2003, following publication.
What type of law is <--!10142003-->A.M. No. 03-10-01-SC?: Protection of Judiciary Members from Baseless and Unfounded Administrative Complaints (<--!10142003-->A.M. No. 03-10-01-SC) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
When was Protection of Judiciary Members from Baseless and Unfounded Administrative Complaints enacted?: Protection of Judiciary Members from Baseless and Unfounded Administrative Complaints (<--!10142003-->A.M. No. 03-10-01-SC) was enacted on Oct 14, 2003.
What is the citation for Protection of Judiciary Members from Baseless and Unfounded Administrative Complaints?: Protection of Judiciary Members from Baseless and Unfounded Administrative Complaints, <--!10142003-->A.M. No. 03-10-01-SC, Oct 14, 2003 (Philippines)

Law Information

Reference Number: <--!10142003-->A.M. No. 03-10-01-SC
Date Enacted: Oct 14, 2003
Category: Supreme Court Issuances
Subcategory: Resolutions
Jurisdiction: Philippines
Enacting Body: Congress of the Philippines

October 14, 2003

A.M. No. 03-10-01-SC

RESOLUTION PRESCRIBING MEASURES TO PROTECT MEMBERS OF THE JUDICIARY FROM BASELESS AND UNFOUNDED ADMINISTRATIVE COMPLAINTS

WHEREAS, statistics will show that the Supreme Court has disciplined numerous members of the Judiciary as part of its efforts to cleanse its ranks and improve the administration of justice; TCAScE

WHEREAS, data also show that in many instances losing litigants or disgruntled lawyers filed clearly unfounded or malicious administrative or criminal cases against members of the Judiciary for purposes of harassing them; putting them to shame, public ridicule or contempt; or preventing or delaying the release of their retirement benefits;

WHEREAS, the filing of clearly unfounded or malicious complaints seriously affects the efficiency of the members of Judiciary in administering fair, speedy and impartial justice;

WHEREAS, effective measures are necessary to prevent or, at least, discourage the filing of such cases, to protect the orderly administration of justice.

NOW, THEREFORE, as one of such measures, the Court RESOLVES that:

1. If upon an informal preliminary inquiry by the Office of the Court Administrator, an administrative complaint against any Justice of the Court of Appeals or Sandiganbayan or any Judge of the lower courts filed in connection with a case in court is shown to be clearly unfounded and baseless and intended to harass the respondent, such a finding should be included in the report and recommendation of the Office of the Court Administrator. If the recommendation is approved or affirmed by the Court, the complainant may be required to show cause why he should not be held in contempt of court. If the complainant is a lawyer, he may further be required to show cause why he or she should not be administratively sanctioned as a member of the Bar and as an officer of the court.

2. If the complaint is (a) filed within six months before the compulsory retirement of a Justice or Judge; (b) for an alleged cause of action that occurred at least a year before such filing; and (c) shown prima facie that it is intended to harass the respondent, it must forthwith be recommended for dismissal. If such is not the case, the Office of the Court Administrator must require the respondent to file a comment within ten (10) days from receipt of the complaint, and submit to the Court a report and recommendation not later than thirty (30) days from receipt of the comment. The Court shall act on the recommendation before the date of compulsory retirement of the respondent, or, if it is not possible to do so, within six (6) months from such date without prejudice to the release of the retirement benefits less such amount as the Court may order to be withheld, taking into account the gravity of the cause of action alleged in the complaint.

This Resolution supplements or modifies Rule 140 of the Rules of Court and shall take effect on November 4, 2003. It shall be published in a newspaper of general circulation not later than October 20, 2003.

(SGD.) HILARIO G. DAVIDE, JR.

Chief Justice