OCA CIRCULAR NO. 94-2007, October 03, 2007

The First Division acting on the letter dated 28 June 2007 of
Judge Raul E. De Leon, Regional Trial Court, Branch 258, Parañaque City,
requesting the opinion of the Court on whether he can continue with his
investigation pursuant to the Resolution dated 22 November 2006,
considering that a new Executive Judge had been designated in the
Regional Trial Court, Parañaque City, Resolved:

(2) to APPROVE the following guidelines on the authority of the Investigating Executive Judge, to wit:

(a) If the investigation in an administrative case had already
started or if the parties therein had already submitted their evidence,
the Investigating Executive Judge to whom the case had been assigned by the Court shall continue to hear the case or prepare the
corresponding report, as the case may be, regardless of whether he is
subsequently relieved as Executive Judge or his term as such expires.
The designation of a new Executive Judge shall not work to undermine the
authority of the former Investigating Executive Judge over the case;

(b) Conversely, if the investigation has not started and the
Investigating Executive Judge is subsequently relieved as Executive
Judge or his term as such expires, the new Executive Judge shall take
over the investigation. The former Executive Judge to whom the case was
originally referred to shall inform the Court, by way of a simple
manifestation, of such development. He shall, however, immediately
forward the records of the case to the new Executive Judge who shall
begin the investigation;

c) If the Investigating Executive Judge to whom the case was
originally assigned is dismissed/retires from the service, dies or is
suspended by the Court, the new/acting Executive Judge shall take over
the case regardless of the stage it is in. The new/acting Executive
Judge shall inform the Court of such development by way of a simple
manifestation; and

d) The new Executive Judge who takes over the case shall have
the remaining period originally allotted by the Court to continue the
investigation and submit the corresponding report. In the event that the
remaining balance of the period is not sufficient, the new Executive
Judge shall make the appropriate request to the Court for an extension
of the period; and

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XXX.”

For the information and guidance of all concerned.

October__3__, 2007.