Republic of the Philippines

SUPREME COURT
Manila
A.M. NO. 01-8-10-SC September 11, 2001
RE: PROPOSED AMENDMENT TO RULE 140 OF THE RULES OF COURT RE: DSCPLNE OF
!USTCES AND !UD"ES
The Court resolved to APPROVE the amendment of Rule 140 of the Rules of Court reardin the
discipline of !ustices and !udes" so as to read as follo#s$
RULE 140
DSCPLNE OF !UD"ES OF RE"ULAR AND SPECAL COURTS AND !USTCES OF THE
COURT OF APPEALS AND THE SAND"AN#A$AN
SECTON 1. How instituted. % Proceedins for the discipline of &udes of reular and special courts
and !ustices of the Court of Appeals and the 'andianba(an ma( be instituted motu proprio b( the
'upreme Court or upon a verified complaint" supported b( affidavits of person #ho have personal
)no#lede of the facts alleed therein or b( documents #hich ma( substantiate said alleations" or
upon an anon(mous complaint" supported b( public records of indubitable interit(* The complaint
shall be in #ritin and shall state clearl( and concisel( the acts and omissions constitutin violations
of standards of conduct prescribed for !udes b( la#" the Rules of Court" or the Code of !udicial
Conduct*
SEC. 2. Action on the complaint. % +f the complaint is sufficient in form and substance" a cop(
thereof shall be served upon the respondent" and he shall be re,uired to comment #ithin ten -10.
da(s from the date of service* Other#ise" the same shall be dismissed*
SEC. %. By whom complaint investigated. % /pon the filin of the respondent0s comment" or upon
the e1piration of the time for filin the same and unless other pleadins or documents are re,uired"
the Court shall refer the matter to the Office of the Court Administrator for evaluation" report" and
recommendation or assin the case for investiation" report" and recommendation to a retired
member of the 'upreme Court" if the respondent is a !ustice of the Court of Appeals and the
'andianba(an" or to a !ustice of the Court of Appeals" if the respondent is a !ude of a Reional
Trial Court or of a special court of e,uivalent ran)" or to a !ude of the Reional Trial Court if the
respondent is a !ude of an inferior court*
SEC. 4. Hearing. % the investiatin !ustice or !ude shall set a da( of the hearin and send notice
thereof to both parties* At such hearin the parties ma( present oral and documentar( evidence* +f"
after due notice" the respondent fails to appear" the investiation shall proceed ex parte.
The +nvestiatin !ustice or !ude shall terminate the investiation #ithin ninet( -20. da(s from the
date of its commencement or #ithin such e1tension as the 'upreme Court ma( rant*
SEC. &. Report. % 3ithin thirt( -40. da(s from the termination of the investiation" the investiatin
!ustice or !ude shall submit to the 'upreme Court a report containin findins of fact and
recommendation* The report shall be accompanied b( the record containin the evidence and the
pleadins filed b( the parties* The report shall be confidential and shall be for the e1clusive use of
the Court*
SEC. '. Action. % The Court shall ta)e such action on the report as the facts and the la# ma(
#arrant*
SEC. (. Classification of charges. % Administrative chares are classified as serious" less serious"
or liht*
SEC. 8. Serious charges. % 'erious chares include$
1* 5riber(" direct or indirect6
7* 8ishonest( and violations of the Anti%9raft and Corrupt Practices :a# -R*A* ;o* 4012.6
4* 9ross misconduct constitutin violations of the Code of !udicial Conduct6
4* <no#inl( renderin an un&ust &udment or order as determined b( a competent court in
an appropriate proceedin6
=* Conviction of a crime involvin moral turpitude6
>* 3illful failure to pa( a &ust debt6
?* 5orro#in mone( or propert( from la#(ers and litiants in a case pendin before the
court6
@* +mmoralit(6
2* 9ross inorance of the la# or procedure6
10* Partisan political activities6 and
11* Alcoholism andAor vicious habits*
SEC. ). Less Serious Charges. % :ess serious chares include$
1* /ndue dela( in renderin a decision or order" or in transmittin the records of a case6
7* Bre,uentl( and un&ustified absences #ithout leave or habitual tardiness6
4* /nauthoriCed practice of la#6
4* Violation of 'upreme Court rules" directives" and circulars6
=* Receivin additional or double compensation unless specificall( authoriCed b( la#6
>* /ntruthful statements in the certificate of service6 and
?* 'imple Misconduct*
SEC. 10. Light Charges. % :iht chares include$
1* Vular and unbecomin conduct6
7* 9amblin in public6
4* BraterniCin #ith la#(ers and litiants #ith pendin caseAcases in his court6 and
4* /ndue dela( in the submission of monthl( reports*
SEC. 11. Sanctions. % A* +f the respondent is uilt( of a serious chare" an( of the follo#in
sanctions ma( be imposed$
1* 8ismissal from the service" forfeiture of all or part of the benefits as the Court ma(
determine" and dis,ualification from reinstatement or appointment to an( public office"
includin overnment%o#ned or controlled corporations* Provided" ho#ever" that the
forfeiture of benefits shall in no case include accrued leave credits6
7* 'uspension from office #ithout salar( and other benefits for more than three -4. but not
e1ceedin si1 ->. months6 or
4* A fine of more than P70"000*00 but not e1ceedin P40"000*00
5* +f the respondent is uilt( of a less serious chare" an( of the follo#in sanctions shall be
imposed$
1* 'uspension from office #ithout salar( and other benefits for not less than one -1. nor more
than three -4. months6 or
7* A fine of more than P10"000*00 but not e1ceedin P70"000*00*
C* +f the respondent is uilt( of a liht chare" an( of the follo#in sanctions shall be imposed$
1* A fine of not less than P1"000*00 but not e1ceedin P10"000*00 andAor
7* Censure6
4* Reprimand6
4* Admonition #ith #arnin*
SEC. 12. Confidentiality of proceedings. % Proceedins aainst !udes of reular and special
courts and !ustices of the Court of Appeals and the 'andianba(an shall be private and confidential"
but a cop( of the decision or resolution of the court shall be attached to the record of the respondent
in the Office of the Court Administrator*
These amendments to Rule 140 shall ta)e effect on October 1" 7001 follo#in their publication in
t#o ne#spapers of eneral circulation on or before 'eptember 1=" 7001*
'eptember 11" 7001" Manila*
HLARO ". DA*DE, !R.
Chief !ustice
!OSUE N. #ELLOSLLO
Associate !ustice
!OSE A.R. MELO
Associate !ustice
RE$NATO S. PUNO
Associate !ustice
PUNO !OSE C. *TU"
Associate !ustice
SANTA"O M. +APUNAN
Associate !ustice
*CENTE *. MENDO,A
Associate !ustice
ARTEMO *. PAN"AN#AN
Associate !ustice
LEONARDO A. -USUM#N"
Associate !ustice
#ERNARDO P. PARDO
Associate !ustice
ARTURO #. #UENA
Associate !ustice
MNER*A P. "ON,A"A-RE$ES
Associate !ustice
CONSUELO $NARES-SANTA"O
Associate !ustice
SA#NO R. DE LEON, !R.
Associate !ustice
AN"ELNA SANDO*AL-"UTERRE,
Associate !ustice