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Disqualification of Investigating Commissioner, C6S7 CPRA

Section 7, Canon VI

SECTION 7. Disqualification of Investigating Commissioner. – An Investigating Commissioner shall, on his or her own initiative or upon motion, recuse from acting as such on the grounds of relationship within the fourth degree of consanguinity or affinity with any of the parties or their counsel, professional legal relationship, pecuniary interest, or where he or she has acted as counsel for either party, unless, in the last instance, the parties sign and enter upon the record their written consent.
Where an Investigating Commissioner does not disqualify himself or herself, a party may file the appropriate motion for disqualification before the IBP Board of Governors. The IBP Board of Governors shall resolve the motion within five (5) calendar days from receipt thereof. Upon vote of majority of the members present, there being a quorum, the IBP Board of Governors shall order the disqualification and designate a replace of the disqualified Investigating Commissioner. The decision of the IBP Board of Governors on the disqualification shall be final. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Disqualification of Investigating Commissioner

a. Grounds for disqualification

Under this section, Investigating Commissioners are required to recuse from acting as such on any of these grounds:

1) Relationship within the fourth (4th) degree of consanguinity or affinity with any of the parties or their counsel,

2) Professional legal relationship,

3) Pecuniary interest, or

4) Having acted as counsel for either party, unless the parties sign and enter upon the record their written consent.

NB: If any of the above grounds is existing, the Investigating Commissioners may recuse themselves on their own initiative (motu proprio) or upon motion by either party.

b. IBP Board of Governors

1) Motion

Before the IBP Board of Governors, parties may file the appropriate motion for disqualification against Investigating Commissioners if the y do not disqualify themselves.

2) Resolution

Within 5 calendar days from receipt of the motion for disqualification, the IBP Board of Governors is required to resolve said motion.

3) Order

In a quorum, and with a majority vote of members present, the IBP Board of Governors are required to “order the disqualification and designate a replace of the disqualified Investigating Commissioner.”

4) Final

The IBP Board of Governors’ decision is final.

References

Canon VI, 2023 Code of Professional Responsibility

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