CIRCULAR NO. 17 December 20, 1988




CIRCULAR NO. 17 December 20, 1988 SUPREME COURT CIRCULARS AND ORDERS 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, for 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 Puno and ALFREDO MARIGOMEN of the Court of Appeals." Acting on the letter of Acting Presiding Justice Rodolfo A. Nocon and Associate Justices Reynato 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 vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon. 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 the Proposed New Rule 139 suggested by the IBP which grants authority to its Board of Governors to acts on complaints against a Justice of the Court of Appeals or judge of the lower court is conspicuously dropped in its final version. In view whereof all complaints against Justices and Judges of the lower court 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 The Lawphil Project - Arellano Law Foundation