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Action on the petition for judicial clemency; prima facie merit, C6S49 CPRA

Section 49, Canon VI

SECTION 49. Action on the petition for judicial clemency; prima facie merit. – Upon receipt of the petition, the Supreme Court shall conduct a preliminary evaluation and determine if the same has prima facie merit based on the criteria.
If the petition has prima facie merit, the Supreme Court shall refer the petition to the Office of the Bar Confidant or any fact-finding body the Court so designates for    investigation, report and recommendation.
If the petition fails to show any prima facie merit, it shall be denied outright. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Action on the petition for judicial clemency; prima facie merit

a. Action on the petition

Upon receipt of the petition, the Supreme Court will take action:

1) By conducting a preliminary evaluation. and

2) By determining if the same has prima facie merit based on the criteria.

b. Prima facie merit

If the petition has prima facie merit, the Supreme Court shall refer the petition to:

1) The Office of the Bar Confidant, or

2) Any fact-finding body the Court so designates for investigation, report and recommendation.

c. No merit

The petition will be denied outright if it “fails to show any prima facie merit,”

References

Canon VI, 2023 Code of Professional Responsibility

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