Saturday, June 6, 2009

Automatic

In 2002 the Philippine Supreme Court issued a Resolution providing that in administrative cases against justices of the Court of Appeals and the Sandiganbayan, Judges of regular and special courts, and court officials who are lawyers which are based on grounds that are likewise grounds for the disciplinary action of members of the Bar for violation of the Lawyer's Oath, the Code of Professional Responsibility; and the Canons of Professional Ethics, or for such other forms of breaches of conduct that have been traditionally recognized as grounds for the discipline of lawyers, such administrative cases shall also be considered disciplinary actions against the respondent justices, judges or court officials concerned as members of the Philippine Bar.

The respondents may be required to comment on the complaints and show cause why they should not also be suspended, disbarred or otherwise disciplinary sanctioned as members of the Philippine Bar.

Judgments may be incorporated in one decision or resolution.

I wonder why the Supreme Court has not issued annual statistical reports showing the status of the implementation of the abovecited Resolution.

At least, none that I know of.


En Banc, A.M. No. 02-9-02-SC, September 17, 2002.

Re:Automatic Conversion of Some Administrative Cases Against justices of the Court of Appeals and the Sandiganbayan; judges of Regular and Special Courts; and Court Officials Who are Lawyers as Disciplinary Proceedings Against Them Both as Such Officials and as Members of the Philippine Bar.



Some administrative cases against justices of the Court of Appeals and the Sandiganbayan, Judges of regular and special courts; and court officials who are lawyers are based on grounds which are likewise grounds for the disciplinary action of members of the Bar for violation of the Lawyer's Oath, the Code of Professional Responsibility; and the Canons of Professional Ethics, or for such other forms of breaches of conduct that have been traditionally recognized as grounds for the discipline of lawyers.

In any of the foregoing instances, the administrative case shall also be considered a disciplinary action against the respondent justice, judge or court official concerned as a member of the Bar. The respondent may forthwith be required to comment on the complaint and show cause why he should not also be suspended, disbarred or otherwise disciplinary sanctioned as a member of the Bar. Judgment in both respects may be incorporated in one decision or resolution.

This Resolution shall supplement Rule 140 of the Rules of Court and shall take effect on the first day of October 2002. It shall apply to administrative cases already filed where the respondents have not yet been required to comment on the complaints.