Legal Ethics
Rule 140 Discipline of Judges of Regular and Special Courts
and Justices of the Court Of Appeals and the Sandiganbayan

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[1] Complete the following:

SECTION 1. How instituted.—Proceedings for the discipline of Judges of regular and special courts and Justices of the Court of Appeals and the Sandiganbayan may be instituted ____________________ or upon a _______________, supported by affidavits of persons who have personal knowledge of the facts alleged therein or by documents which may substantiate said allegations, or upon an __________ complaint, supported by ____________________. The complaint shall be in writing and shall state clearly and concisely the acts and omissions constituting violations of standards of conduct prescribed for Judges by law, the Rules of Court, or the Code of Judicial Conduct.		SECTION 1. How instituted.—Proceedings for the discipline of Judges of regular and special courts and Justices of the Court of Appeals and the Sandiganbayan may be instituted motu proprio by the Supreme Court or upon a verified complaint, supported by affidavits of persons who have personal knowledge of the facts alleged therein or by documents which may substantiate said allegations, or upon an anonymous complaint, supported by public records of indubitable integrity. The complaint shall be in writing and shall state clearly and concisely the acts and omissions constituting violations of standards of conduct prescribed for Judges by law, the Rules of Court, or the Code of Judicial Conduct.
[2] SEC. 2. Action on the complaint.—If the complaint is ________________, a copy thereof shall be served upon the respondent, and he shall be required to comment within ten (10) days from the date of service. Otherwise, the same shall be dismissed.SEC. 2. Action on the complaint.—If the complaint is sufficient in form and substance, a copy thereof shall be served upon the respondent, and he shall be required to comment within ten (10) days from the date of service. Otherwise, the same shall be dismissed.
[3] Who investigates the complaint?Upon the filing of the respondent's comment, or upon the expiration of the time for filing the same and unless other pleadings or documents are required, the Court shall refer the matter to the

(1) Office of the Court Administrator for evaluation, report, and recommendation; or

(2) a retired member of the Supreme Court for investigation, report, and recommendation if the respondent is a Justice of the Court of Appeals and the Sandiganbayan; or

(3) a Justice of the Court of Appeals, if the respondent is a Judge of a Regional Trial Court or of a special court of equivalent rank; or

(4) a Judge of the Regional Trial Court if the respondent is a Judge of an inferior court.

(SEC. 3)
[4] SEC 4. Hearing.—The investigating Justice or Judge shall set a day for the hearing and send notice thereof to both patties. At such hearing, the parties may present _______________. If, ____________________, the investigation shall, proceed ex parte.

The Investigating Justice or Judge shall terminate the investigation within __________ from the date of its commencement or within such extension as the Supreme Court may grant.		SEC 4. Hearing.—The investigating Justice or Judge shall set a day for the hearing and send notice thereof to both patties. At such hearing, the parties may present oral and documentary evidence. If, after due notice, the respondent fails to appear, the investigation shall, proceed ex parte.

The Investigating Justice or Judge shall terminate the investigation within ninety (90) days from the date of its commencement or within such extension as the Supreme Court may grant.
[5] SEC. 7. Classification of charges.—Administrative charges are classified as ____________________.SEC. 7. Classification of charges.—Administrative charges are classified as serious, less serious, or light.
[6] SEC. 8. Serious charges.—Serious charges include:

1. Bribery, _______________;

2. Dishonesty and violations of the ____________________ (R.A. No. 3019);

3. _______________ constituting violations of the Code of Judicial Conduct;		1. Bribery, direct or indirect;

2. Dishonesty and violations of the Anti-Graft and Corrupt Practices Law (R.A. No. 3019);

3. Gross misconduct constituting violations of the Code of Judicial Conduct;
[7] SEC. 8. Serious charges.—Serious charges include:

4. ____________________ as determined by a competent court in an appropriate proceeding;

5. Conviction of a crime involving ___________;

6. Willful failure to ___________;

7. ____________________ from lawyers and litigants in a case pending before the court;		4. Knowingly rendering an unjust judgment or order as determined by a competent court in an appropriate proceeding;

5. Conviction of a crime involving moral turpitude;

6. Willful failure to pay a just debt;

7. Borrowing money or property from lawyers and litigants in a case pending before the court;
[8] SEC. 8. Serious charges.—Serious charges include:

8. Immorality;

9. __________ of the law or procedure;

10. __________ activities; and

11. Alcoholism and/or __________.		8. Immorality;

9. Gross ignorance of the law or procedure;

10. Partisan political activities; and

11. Alcoholism and/or vicious habits.
[9] SEC. 9. Less Serious Charges.—Less serious charges include:

1. __________ in rendering a decision or order, or in transmitting the records of a case;

2. ____________________ without leave or habitual tardiness;

3. Unauthorized __________;		1. Undue delay in rendering a decision or order, or in transmitting the records of a case;

2. Frequent and unjustified absences without leave or habitual tardiness;

3. Unauthorized practice of law;
[10] SEC. 9. Less Serious Charges.—Less serious charges include:

4. Violation of ____________________;

5. Receiving _______________ unless specifically authorized by law;

6. _______________ in the certificate of service; and

7. Simple __________.		4. Violation of Supreme Court rules, directives, and circulars;

5. Receiving additional or double compensation unless specifically authorized by law;

6. Untruthful statements in the certificate of service; and

7. Simple Misconduct.
[11] SEC. 10. Light Charges.—Light charges include:

1. _______________ conduct;

2. __________ in public;

3. ____________________ with pending case/cases in his court; and

4. _______________ in the submission of monthly reports.		1. Vulgar and unbecoming conduct;

2. Gambling in public;

3. Fraternizing with lawyers and litigants with pending case/cases in his court; and

4. Undue delay in the submission of monthly reports.
[12] SEC. 11. Sanctions.—A. If the respondent is guilty of a serious charge, any of the following sanctions may be imposed:

1. _______________, forfeiture of all or part of the benefits as the Court may determine, and disqualification from ____________________, including government-owned or controlled corporations: Provided, however, that the forfeiture of benefits shall in no case include _______________;

2. Suspension from office without salary and other benefits for ______________________________; or

3. A fine of more than ____________________.		1. Dismissal from the service, forfeiture of all or part of the benefits as the Court may determine, and disqualification from reinstatement or appointment to any public office, including government-owned or controlled corporations: Provided, however, that the forfeiture of benefits shall in no case include accrued leave credits;

2. Suspension from office without salary and other benefits for more than three (3) but not exceeding six (6) months; or

3. A fine of more than P20,000.00 but not exceeding P40.000.00.
[13] B. If the respondent is guilty of a less serious charge, any of the following sanctions shall be imposed:

1. Suspension from office ____________________ for not less than one (1) nor more than three (3) months; or

2. A fine of ____________________.		1. Suspension from office without salary and other benefits for not less than one (1) nor more than three (3) months; or

2. A fine of more than P10,000.00 but not exceeding P20,000.00.
[14] C. If the respondent is guilty of a light charge, any of the following sanctions shall be imposed:

1. A fine of ____________________ and/or;

2. Censure;

3. Reprimand;

4. __________ with warning.		1. A fine of not less than P1,000.00 but not exceeding P10,000.00 and/or;

2. Censure;

3. Reprimand;

4. Admonition with warning.
[15] SEC. 12. Confidentiality of proceedings.—Proceedings against Judges of regular and special courts and Justices of the Court of Appeals and the Sandiganbayan shall be _______________, but a copy of the decision or resolution of the Court shall be ____________________ in the Office of the Court Administrator.SEC. 12. Confidentiality of proceedings.—Proceedings against Judges of regular and special courts and Justices of the Court of Appeals and the Sandiganbayan shall be private and confidential, but a copy of the decision or resolution of the Court shall be attached to the record of the respondent in the Office of the Court Administrator.

Exercises created by Atty. Gerry T. Galacio; all rights reserved. You can freely use these exercises, but you must not upload
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