The Supreme Court en banc shall have the power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted thereon (Sec. 11, Art. VIII, 1987 Constitution)
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For failure to check citations of the prosecutions, the order of respondent RTC Judge Gacott dismissing a criminal case was annulled by the Second Division of the Supreme Court. Judge Gacott was also sanctioned with a reprimand and a fine of P10,000.00 for gross ignorance of law. He filed a motion for reconsideration wherein he questioned the competence of the Second Division of this Court to administratively discipline him.
Issue:
Issue:
Does the Second Division of the Supreme Court has the competence to administratively discipline respondent judge?
Held:
Yes. Section 11 of Article VIII clearly shows that there are actually two situations envisaged therein. The first clause which states that "the Supreme Court en banc shall have the power to discipline judges of lower courts," is a declaration of the grant of that disciplinary power to, and the determination of the procedure in the exercise thereof by, the Court en banc.
The second clause, which refers to the second situation contemplated therein and is intentionally separated from the first by a comma, declares on the other hand that the Court en banc can "order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted therein." Evidently, in this instance, the administrative case must be deliberated upon and decided by the full Court itself.
Pursuant to the first clause which confers administrative disciplinary power to the Court en banc, on February 9, 1993 a Court En Banc resolution was adopted, entitled "Bar Matter No. 209. — In the Matter of the Amendment and/or Clarification of Various Supreme Court Rules and Resolutions," and providing inter alia:
Indeed, to require the entire Court to deliberate upon and participate in all administrative matters or cases regardless of the sanctions, imposable or imposed, would result in a congested docket and undue delay in the adjudication of cases in the Court, especially in administrative matters, since even cases involving the penalty of reprimand would require action by the Court en banc. This would subvert the constitutional injunction for the Court to adopt a systematic plan to expedite the decision or resolution of cases or matters pending in the Supreme Court or the lower courts, and the very purpose of authorizing the Court to sit en banc or in divisions of three, five, or seven members.
Only cases involving dismissal of judges of lower courts are specifically required to be decided by the Court en banc, in cognizance of the need for a thorough and judicious evaluation of serious charges against members of the judiciary, it is only when the penalty imposed does not exceed suspension of more than one year or a fine of P10,000.00, or both, that the administrative matter may be decided in division. (People vs Gacott GR No 116049 13 July 1995)
Yes. Section 11 of Article VIII clearly shows that there are actually two situations envisaged therein. The first clause which states that "the Supreme Court en banc shall have the power to discipline judges of lower courts," is a declaration of the grant of that disciplinary power to, and the determination of the procedure in the exercise thereof by, the Court en banc.
The second clause, which refers to the second situation contemplated therein and is intentionally separated from the first by a comma, declares on the other hand that the Court en banc can "order their dismissal by a vote of a majority of the Members who actually took part in the deliberations on the issues in the case and voted therein." Evidently, in this instance, the administrative case must be deliberated upon and decided by the full Court itself.
Pursuant to the first clause which confers administrative disciplinary power to the Court en banc, on February 9, 1993 a Court En Banc resolution was adopted, entitled "Bar Matter No. 209. — In the Matter of the Amendment and/or Clarification of Various Supreme Court Rules and Resolutions," and providing inter alia:
For said purpose, the following are considered en banc cases:This resolution was amended on March 16, 1993 and November 23, 1993, but the aforequoted provision was maintained.
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6. Cases where the penalty to be imposed is the dismissal of a judge, officer or employee of the Judiciary, disbarment of a lawyer, or either the suspension of any of them for a period of more than one (1) year or a fine exceeding P10,000.00, or both.
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Indeed, to require the entire Court to deliberate upon and participate in all administrative matters or cases regardless of the sanctions, imposable or imposed, would result in a congested docket and undue delay in the adjudication of cases in the Court, especially in administrative matters, since even cases involving the penalty of reprimand would require action by the Court en banc. This would subvert the constitutional injunction for the Court to adopt a systematic plan to expedite the decision or resolution of cases or matters pending in the Supreme Court or the lower courts, and the very purpose of authorizing the Court to sit en banc or in divisions of three, five, or seven members.
Only cases involving dismissal of judges of lower courts are specifically required to be decided by the Court en banc, in cognizance of the need for a thorough and judicious evaluation of serious charges against members of the judiciary, it is only when the penalty imposed does not exceed suspension of more than one year or a fine of P10,000.00, or both, that the administrative matter may be decided in division. (People vs Gacott GR No 116049 13 July 1995)
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