Reiteration and Clarification of the Guideposts in the Voluntary Inhibition of Judges
OCA Circular No. 43-2023 reiterates the guidelines regarding the voluntary inhibition of judges in the Philippines, emphasizing the need for judges to assess whether extraordinary circumstances exist that warrant their inhibition from a case. The circular references a situation involving Judge Roy A. Masadao, Jr., who chose to inhibit himself due to a potential conflict arising from a recommendation by a retired justice. Judges are reminded that their discretion to inhibit is not absolute and must be based on rational assessments of the case's circumstances. The existing guideposts for voluntary inhibition established in previous circulars remain in effect for judges to follow.
Quick Answers
- What is Reiteration and Clarification of the Guideposts in the Voluntary Inhibition of Judges about?
- OCA Circular No. 43-2023 reiterates the guidelines regarding the voluntary inhibition of judges in the Philippines, emphasizing the need for judges to assess whether extraordinary circumstances exist that warrant their inhibition from a case. The circular references a situation involving Judge Roy A. Masadao, Jr., who chose to inhibit himself due to a potential conflict arising from a recommendation by a retired justice. Judges are reminded that their discretion to inhibit is not absolute and must be based on rational assessments of the case's circumstances. The existing guideposts for voluntary inhibition established in previous circulars remain in effect for judges to follow.
- What type of law is OCA Circular No. 43-2023?
- Reiteration and Clarification of the Guideposts in the Voluntary Inhibition of Judges (OCA Circular No. 43-2023) is a Philippine Supreme Court Issuances enacted by the Congress of the Philippines.
- When was Reiteration and Clarification of the Guideposts in the Voluntary Inhibition of Judges enacted?
- Reiteration and Clarification of the Guideposts in the Voluntary Inhibition of Judges (OCA Circular No. 43-2023) was enacted on Jan 31, 2023.
- What is the citation for Reiteration and Clarification of the Guideposts in the Voluntary Inhibition of Judges?
- Reiteration and Clarification of the Guideposts in the Voluntary Inhibition of Judges, OCA Circular No. 43-2023, Jan 31, 2023 (Philippines)
Law Information
- Reference Number
- OCA Circular No. 43-2023
- Date Enacted
- Category
- Supreme Court Issuances
- Subcategory
- Office of the Court Administrator Circulars
- Jurisdiction
- Philippines
- Enacting Body
- Congress of the Philippines
Full Law Text
January 31, 2023
OCA CIRCULAR NO. 43-2023
| TO | : | All Trial Court Judges |
| SUBJECT | : | Reiteration and Clarification of the Guideposts in the Voluntary Inhibition of Judges |
In A.M. No. 87-9-3918-RTC (Re: Query of Executive Judge Estrella T. Estrada, Regional Trial Court of Malolos, Bulacan, on the Conflicting Views of Regional Trial Court Judges Masadao and Elizaga Re: Criminal Case No. 4954-M)1 the Court acknowledged the existence of "not ordinary" circumstances that led Judge Roy A. Masadao, Jr. to voluntarily inhibit from hearing the case. Judge Masadao, Jr. issued an order of inhibition therein on the ground that retired Justice J.B.L. Reyes had been among those who had recommended him to the Bench. The Court went on to rule that, in these instances, voluntary inhibition may prove to be the better course of action.
Accordingly, judges are hereby REMINDED to conscientiously exercise discretion on whether there indeed exist extraordinary circumstances that warrant inhibition. The Rules on voluntary inhibition do not give judges the unfettered discretion to desist from hearing a case. 2 As the Court held in another case, 3 this discretion is an acknowledgment of the fact that judges are in a better position to determine the issue of inhibition, as they are the ones who directly deal with the litigants in their courtrooms. The decision on whether he/she should inhibit himself/herself, however, must be based on his/her rational and logical assessment of the circumstances prevailing in the case brought before him/her.
The provisions of OCA Circular Nos. 105-2022 dated 11 May 2022 and 176-2022 dated 11 July 2022 that laid down the Guideposts for Voluntary Inhibition shall continue to be followed.
For information, guidance and observance.
(SGD.) RAUL B. VILLANUEVACourt Administrator
Footnotes
1. As cited in OCA Circular No. 105-2022 dated 11 May 2022 and OCA Circular No. 176-2022 dated 11 July 2022.
2. Pagoda Philippines, Inc. vs. Universal Canning, Inc., G.R. No. 160966, October 11, 2005, Panganiban, J.
3. Calayag, et al. vs. Sulpicio Lines, Inc., G.R. No. 221864, September 14, 2016, Mendoza, J.
Cite This Law
Reiteration and Clarification of the Guideposts in the Voluntary Inhibition of Judges, OCA Circular No. 43-2023, Jan 31, 2023 (Philippines)
Reiteration and Clarification of the Guideposts in the Voluntary Inhibition of Judges, OCA Circular No. 43-2023 (Phil. 2023)
Related Laws
- Guideposts in the Voluntary Inhibition of Judges Based on the Ruling in A.M. No. 87-9-3918-RTC (Re: Query of Executive Judge Estrella T. Estrada, Regional Trial Court of Malolos, Bulacan, on the Conflicting Views of Regional Trial Court Judges Masadao and Elizaga Re: Criminal Case No. 4954-M)OCA Circular No. 105-2022 • May 11, 2022 • Supreme Court Issuances
- Reiteration of the Directives in AO No. 62-2020 (Re: Submission of Copies of Orders of Voluntary Inhibition) and AO No. 63-2020 (Re: Submission of Copies of TROs, SQA Orders and WPIs)OCA Circular No. 126-2022 • May 31, 2022 • Supreme Court Issuances
- Submission of Copies of Orders of Voluntary InhibitionSupreme Court Administrative Order No. 62-2020 • Feb 18, 2020 • Supreme Court Issuances
- OCA Circular No. 105-2022 Dated 11 May 2022 (A.M. No. 21-03-04-SC [Re: Request for Investigation of Divina Law Office Relative to Civil Case No. R-MKT-20-02448-SC, S.P. No. 20-02409-SP, and Civil Case No. R-PSY-20-02268-CV])OCA Circular No. 176-2022 • Jul 11, 2022 • Supreme Court Issuances
- Requirement of Notice on the Mandatory Disqualification/Voluntary Inhibition of the Justice/JudgeOCA Circular No. 09-14 • Jan 20, 2014 • Supreme Court Issuances
- Guidelines for Inhibition of Judges Who are Former Investigating and/or Inquest ProsecutorsOCA Circular No. 269-2022 • Oct 5, 2022 • Supreme Court Issuances
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