OCA CIRCULAR NO. 54-2007, May 22, 2007

For your information and guidance, the Supreme Court En Banc in its
Resolution dated May 3, 2007 , prescribed the guidelines on the conduct
of elections of judges’ association, to wit:

“RESOLUTION

PRESCRIBING GUIDELINES ON THE
CONDUCT OF ELECTIONS OF JUDGES’ ASSOCIATIONS

Whereas, the 1987 Constitution entrusts to the
Supreme Court administrative supervision over all courts and the
personnel thereof;

Whereas, the New Code of Judicial Conduct for the
Philippine Judiciary requires judges to “avoid impropriety and the
appearance of impropriety in all their activities” and to “conduct
themselves in a way that is consistent with the dignity of the judicial
office;”

Whereas, under the New Code of Judicial Conduct for
the Philippine Judiciary, “judges may form or join associations of
judges;” and judges of the first and second level courts have formed
associations for the promotion and protection of their common welfare
and interests; the enhancement of their competencies and skills; and the
provision of the appropriate forum where issues and concerns relating
to their work could be discussed and addressed;

Whereas, it is in the interest of the Judiciary that
judges’ associations engage in activities which maintain, enhance and
uphold public confidence in the courts and in those who hold judicial
office

Whereas, the judges’ associations are governed by
Boards of Officers, the members of which are elected at regular
intervals by all the members during national conventions or assemblies

Whereas, aspects of the elections of judges’ associations have the capacity to affect adversely the public perception
of the judges’ professional and personal behavior;

Whereas, there had been reports, subsequently
verified, that during the previous years, judges seeking positions in
their associations had engaged in blatant electioneering activities, to
the extent that some of these candidates traveled to different
provinces, held caucuses with the association members in expensive
venues, and provided them free food, drinks and entertainment all for
the purpose of soliciting their support and votes;

Whereas, there is need to structure the elections of
these judges’ associations along lines that would depoliticize this
important activity and redirect efforts towards acceptable and
non-partisan interests;

Whereas, these guidelines seek to keep the amount of
campaigning and electioneering within reasonable limits and to assist
in the maintenance of a spirit of collegiality and essential fairness in
such elections;

Now, therefore, the Court hereby promulgates this
Resolution prescribing guidelines on the conduct of elections of the
different judges’ associations:

SECTION 1. Policy on elections. – The
election process for the officers of all judges’ associations shall at
all time be honest, simple, clean, transparent and orderly.

SEC. 2. Candidacy in judges’ associations. – All officers of judges’ associations shall be exemplars of integrity, propriety and professionalism.

SEC. 3. Campaign activities. – Judges’
associations shall see to it that candidates for any elective office in
such associations shall refrain from and avoid campaign activities and
situations that might bring the Judiciary into disrepute or give rise to
embarrassment on the part of the associations and their membership.

SEC. 4. Prohibited acts and practices relative to elections. –
Judges’ associations and their members, whether singly or collectively
and whether or not a candidate for any elective office in the
association, shall refrain, directly or indirectly, in any form or
manner, by himself or through another person, from the following acts
and practices relative to elections:

b. (1) Paying the dues or other indebtedness of
any member; or (2) giving money or other material consideration or
making a promise of expenditure or causing an expenditure to be made,
offered or promised to any member, all for the purpose of inducing or
influencing the said member to withhold his vote, or to vote for or
against a candidate at elections to be conducted;

c. Providing or giving, free of charge, food,
drinks or other refreshment, and any nature of entertainment to any
member for the purpose of inducing or influencing the said member to
withhold his vote, or to vote for or against a candidate at elections to be conducted;

d. Providing or giving, free of charge,
transportation through any mode and accommodations, regardless of
category, at hotels, motels or other lodging places to any member for
the purpose of inducing or influencing the said member to withhold his
vote, or to vote for or against a candidate at elections to be
conducted;

e. Installing, opening and maintaining any booth,
stall or desk within the venue of the convention or assembly for the
purpose of displaying and distributing any election campaign material;

f. Soliciting, demanding, taking or accepting from parties or other persons, electoral campaign propaganda, items and gadgets;

g. Soliciting, demanding or receiving from other
persons and parties, contribution or donation in cash for the purpose of
an election campaign fund;

h. Assigning, directing or utilizing the services
of any court personnel in the preparation, typing, printing,
reproduction and distribution of any election campaign material;

i. Using or allowing the use by other members of the association
or their personnel, any court equipment such as fax and photocopying
machines for the printing and duplication of election campaign material;
and

j. Using or allowing the use by any court personnel of the
franking privilege granted by Presidential Decree No. 26 to the courts
in the distribution or dissemination of any communication or papers
relating to the elections.

SEC. 5. Prohibition against intervention by officials of the courts and the Office of the Court Administrator.
– Officials of the courts under the Judiciary and the Office of the
Court Administrator shall not, directly or indirectly, intervene in the
elections of the judges’ associations or engage in any partisan election
activity.

SEC. 6. Monitoring compliance with the Guidelines. – The
Court Administrator shall be primarily and directly responsible for the
implementation of this Resolution and shall see to the faithful
compliance with its provisions by all judges’ associations. For this
purpose, the Court Administrator may adopt such measures, including the
creation of monitoring teams, to ensure observance by all judges’
associations and their members.

SEC. 7. Liability for non-compliance with the Guidelines. – Failure
by any member of the judges’ association to observe or comply with the
provisions of this Resolution shall constitute a serious administrative
offense and shall be dealt with in accordance with Rule 140 of the
Revised Rules of Court. Court officials and personnel who violate
provisions of the Resolution shall be administratively liable and
proceeded against in conformity with existing Supreme Court and Civil
Service rules and regulations.

SEC. 8. Effectivity. – This Resolution shall take effect on
May 30, 2007 following its publication in a newspaper of general
circulation in the Philippines not later than May 15, 2007 .”

The Resolution was published in the May 11, 2007 issue of the Manila Bulletin.

For strict compliance.

May__22__ 2007.