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ADMINISTRATIVE CIRCULAR NO. 12-94-A.
ADMINISTRATIVE CIRCULAR NO. 12-94-A
   
SUBJECT:  AMENDMENTS IN THE RULES ON THE INHIBITION OF DIVISION MEMBERS.  

This Circular supersedes Administrative Circulars Nos. 20-93 and 12-94, effective immediately. The new rules on the inhibition of Division members are as follows:chanroblesvirtuallawlibrary  

[1] Whenever a Member of a Division was the ponente in the decision of the lower court which is before the Division for review, said Member will inhibit himself from the case, and the same shall be reraffled among the Members of the other two [2] Divisions of the Court.  

[2] Whenever a Member of a Division was counsel or member of a law firm which was counsel in a case before the Division, or he, his spouse or child is pecuniarily interested in a case he is related to either party in the case within the sixth degree of consanguinity of affinity, or to an attorney who is counsel of record in the case or is a partner in the law firm [whether or not named in the firm name] which is counsel of record in the case, within the fourth degree of consanguinity or affinity, or he has been executor, administrator or guardian or trustee in the case, or he was an official, or is the spouse of an official or former official of a government agency or private entity which is a party to a case before the Division, said Member shall inhibit himself from the case and the same shall be raffled among the Members of the other two [2] Divisions of the Court.  

[3] If the Member to whom the case is re-raffled is also inhibited for the same reasons mentioned in Nos. 1 and 2 above, the case shall be re-raffled among the members of the remaining Division. And if the Member of that Division to whom the case is re-raffled is again inhibited for the same reasons stated in Nos. 1 and 2 above, the case shall be re-raffled among the members of the Court En Banc, with the exclusion of the inhibited Members, and the case shall then be deemed an En Banc case, notwithstanding Bar Matter No. 209 as amended.  

[4] A Division Member to whom a case was originally assigne but relieved thereof by reason of grounds stated in Nos. 1 and 2 above, shall, during the next turn in the raffle of Division cases be assigned one [1] additional case.  

[5] For a compelling reason other than those mentioned in Nos. 1 and 2, above, a Division Member may also inhibit himself from a case before the Division but the case shall not be raffled among the members of the other two [2] Divisions. Instead, if the inhibiting Member is the ponente in the Division, the case shall be re-assigned by the Division Chairman to another member of the same Division in accordance with its rules on re-assignment of cases within the Division.cralaw

10 December 1996.
    
 
[Sgd.] ANDRES R. NARVASA
Chief Justice
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