Administrative Matter 02-1415

Approval of the A.M. 02-1415, otherwise known as

Rule 36 Attendance Guidelines for Court Sessions
WHEREAS, as stipulated in Rule 8 Exercise of Administrative Function, Section 3a under the
Rules of Court, the administrative functions of the Court en banc consist of, but are
not limited to, the discipline of justices, judges, and court personnel, whether by en
banc or by Division, subject to matters assignable to the Divisions, disciplinary
matters involving justices, judges and court personnel.
WHEREAS, the same has the sole authority to promulgate rules concerning the protection and
enforcement of constitutional rights and procedure in courts.
WHEREAS, in pursuance to the above administrative function, the Supreme Constitutional
Court has amended and added Rule 36 Attendance Guidelines for Court Sessions
to the Rules of Court to heighten disciplinary actions and procedures in the court
sessions.
THEREFORE BE IT APRROVED by the Supreme Constitutional Court sitting en banc the A.M.
02-1415, otherwise known as the Rule 36 Attendance Guidelines for Court Sessions.
Done this 2nd day of February, 2015 at the Office of the Supreme Constitutional Court, StC 207,
Xavier University Main Campus.

Charmanne Patriana
Chief Justice

Joeces John Cual

Associate Justice, ACES

Jasper John Guitarte

Associate Justice, CSSC

Jose Bonifacio Sibayan

Associate Justice, TG

No master but Law; no guide but Honor; and no aim but Justice

Rule 36
Attendance Guidelines during Court Sessions
I. Description
Timely and regular attendance is an expectation of performance for all XU CSG SCC judicial
officers and justices. Each judicial officers and members of the court must be present and must report on
time as set by the Chief Justice through the Clerk of Court and must observe proper de quorum during
court sessions. In the event a judicial officer or a member of court is unable to meet this expectation,
he/she must notify the Clerk of Court with the help of the guidelines approved by the majority. The
guidelines will be the basis to evaluate circumstances of tardiness and absences of the members of the
court and has the power to have disciplinary actions regarding that matter.

II. Definition
A. Absence: A member of the court is deemed absent if he/she is not physically present during
the court session.
1. Notified Absence: The members of the court inform ahead the Clerk of Court for being
absent due to some circumstances.
2. Uninformed Absence: The members of the court did not inform the Clerk of Court for
being absent. Such absence is also No-Call/No-Show.
B. Tardiness: A member of the court is deemed tardy if he/she arrives within the 15 minutes
allowance of the call time. This is applicable if the session is in quorum.
III. Clock In/Out
The Clerk of Court must be the one who will do the clock in/out for the members of the court.
The judicial officers must be in the office 30 minutes before the scheduled time of the court session. The
Clerk of Court will then record the attendance of the members of the court, together with their Name,
Position, Course and Year, Time in, and Signature. After the court session, the Clerk of Court will also
record the time out for each members of the court who have signed the attendance sheet.
IV. Court Notification Procedure
The members of the court are expected to follow court notification procedures if they will be late
or absent for the court session.
The Clerk of Court must notify the members of the court at least three (3) days before a scheduled
court session via any means of communication e.g. Verbal, SMS, Facebook Post, E-mail, et cetera. The
members of the court are expected to notify the Clerk of Court at most two (2) days upon notification.
V. Guidelines
a. Valid reason(s) of absence
i. Academic matters e.g. Class, Exam, Duty, et cetera
ii. Death of an immediate family member

No master but Law; no guide but Honor; and no aim but Justice

iii. Hospitalization due to illness

iv. Recognized religious holiday pertinent to faith
v. Special events involving a major role
vi. School-related travel
vii. Family matters
Note: Members of the court must show a proof pertaining to their reasons. Cases that are not
mentioned above are deemed invalid.
b. Valid reasons in tardiness
i. Academic matters
ii. Family concerns
iii. Accident
Note: Cases that are not mentioned above are deemed invalid.
VI. Court Discipline Procedure
1. Absences
a. If a member of the court notified the Clerk of Court but has an invalid reason of
absence, this will subject to a fine of Php 50.00.
b. Uninformed absence will subject to a Php 100.00 fine per session. Two uninformed
absences will have a written warning from the Chief Justice. Three uninformed absences will
have a writ of mandamus. Four uninformed absences will subject to impeachment of his/her
position.
2. Tardiness (applicable only if the session is in quorum)
a. If a member of the court arrives within the 15 minutes of the waiting time, he/she will
have a fine of:
i. Php 1.00 per minute if one will notify the Clerk of Court.
ii. Php 2.00 per minute if one did not notify the Clerk of Court.
b. If a member of the court arrives after the 15 minutes of the waiting time, he/she will
have a fine of:
i. Php 2.00 per minute if one notifies the Clerk of Court.
ii. Php 3.00 per minute if one did not notify the Clerk of Court.
VII. Fines
1. Definition. A sum imposed as punishment for an offense (Merriam-Webster, 2015).
2. Procedure. A member of the court shall pay the corresponding amount as stipulated above.
Proceeds shall be collected by the Court Administrator for safekeeping and to be used for emergency
funds of the Supreme Constitutional Court.

No master but Law; no guide but Honor; and no aim but Justice