RULE 140

Charges Against Judges of First Instance

Section 1. Complaint - All Charges against judges of first instance shall be in writing and shall set out distinctly, clearly, and concisely the facts complained of as constituting the alleged serious misconduct or inefficiency of the respondent, and shall be sworn to and supported by affidavits of persons who have personal knowledge of the facts therein alleged, and shall be accompanied with copies of documents which may substantiate said facts.

Section 2. Service or dismissal. - If the charges appear to merit action, a copy thereof shall be served upon the respondent, requiring him to answer within ten (10) days from the date service. If the charges do not merit action, or if the answer shows to the satisfaction of the court that the charges are not meritorious, the same shall be dismissed.

Section 3. Answer; hearing. - Upon the filing of respondents answer or upon the expiration of the time for its filing, the court shall assign one of its members, a Justice of the Court of Appeals or a judge of first instance to conduct the hearing of the charges. The Justice or judge so assigned shall set a day for the hearing, and notice thereof shall be served on both parties. At such hearing the parties may present oral or written evidence.

Section 4. Report - After the hearing, the Justice or judge shall file with the Supreme Court a report of his findings of fact and conclusions of law, accompanied by the evidence presented by the parties and the other papers in he case.

Section 5. Action - After the filing of the report, the court will take such action as the facts and the law may warrant.

Section 6. Confidential. - Proceedings against judges of first instance shall be private and confidential.

The Lawphil Project - Arellano Law Foundation