CIRCULAR
NO. 6[1987]
TO: ALL
JUDGES, CLERKS OF COURT AND SHERIFFS OF THE REGIONAL TRIAL COURTS,
METROPOLITAN
TRIAL COURTS, MUNICIPAL TRIAL COURTS IN CITIES, MUNICIPAL TRIAL COURTS,
MUNICIPAL CIRCUIT TRIAL COURTS, SHARI'A DISTRICT COURTS AND SHARI'A
CIRCUIT
COURTS
SUBJECT:
DISQUALOFICATION FROM ACCEPTING ANY POSITION IN ELECTRIC COOPERATIVES
OR
OTHER ENTERPRISES.
While
Presidential
Decree No. 269 dated August 16, 1973 providing for the creation of the
National Electrification Administration, does not explicitly disqualify
Judges and personnel of the Judiciary from becoming members or
directors
of electric cooperatives, the Court's policy on the matter was clearly
enunciated in its En Banc Resolution dated May 29, 1980 in
Administrative
Matter No. 12691-MC, where Judges were enjoined from acting as
directors
of an electric cooperative on the ground that their duties and
functions
as such will prejudice and interfere with the expeditious and proper
administration
of justice. The same policy was reiterated in the case of Lapena,
Jr.
vs. Marcos, Administrative Matter No. 1969-MJ, June 29, 1982, 114
SCRA
578, where the Court firmly laid down the rule that the subject policy
stands and must be complied with. This firm policy and rule has been
reaffirmed
once more in the Court's Resolution of April 10, 1987 in Administrative
Matter Nos. MTJ-86-27 and 87-1-2705 [George M. Miñor, et. al.
vs. Judges Delfin E. Agbu and Loreto M. Quinto].
ACCORDINGLY, all
Judges, Clerks of Court and Sheriffs are hereby enjoined not to accept
the position of director or other position in any electric cooperative
or other enterprises, or to resign immediately from such position if
already
holding the same.
April 10, 1987.
[Sgd.]
CLAUDIO
TEEHANKEE Chief
Justice
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