[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:red