Code of Judicial Conduct / Ethics
SECTION 11. Procedure for formal investigation. -
(1) When hearings are not required. - A disciplinary action against any respondent which may already be resolved on the basis of the pleadings, public or court records, or other documents or papers on record without need of a hearing, shall be deemed submitted for the preparation and submission by the JIO of the Report. The JIO shall notify the parties that the case has been submitted for resolution without the need for any hearing.
(2) When hearings are required. - If based on the pleadings of the parties, there is a prima facie case against the respondent which requires a hearing to resolve substantial factual issues raised, the JIO shall set such hearing, with due notice to the parties.
At the hearing, the parties may be heard by themselves and/or through counsel. If after due notice, the complainant or respondent fails to appear, the investigation shall proceed ex parte. Furthermore, the parties may present documentary and/or object evidence, as well as testimonial evidence in the form of judicial affidavits to serve as the direct testimony of the parties and/or their witnesses; after which, they may be cross-examined by the other party or counsel, and may also be examined by the JIO. No hearing shall last more than 30 calendar days from the date of the first setting.
(3) JIO report. - The Report, containing findings of facts and recommendations, shall be submitted to the Supreme Court within 60 calendar days from the JIO's receipt of said pleadings, records or documents, or termination of the hearing, without prejudice to an extension granted by the Supreme Court for valid reasons, not exceeding 30 calendar days.