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Issuance of report and recommendation by the Investigating Commissioner, C6S25 CPRA

Section 25, Canon VI

SECTION 25. Issuance of report and recommendation by the Investigating Commissioner. – If there is no clarificatory hearing, the Investigating Commissioner shall render a report and recommendation and submit the same to the IBP Board of Governors within a non­ extendible period of sixty (60) calendar days from receipt of the last position paper or lapse of the period given.
In case the Investigating Commissioner sets a clarificatory hearing, the report and recommendation shall be rendered and submitted to the IBP Board of Governors within a non-extendible period of thirty (30) calendar days from the termination of the hearing.
The report and recommendation shall be accompanied by the duly certified transcript of stenographic notes, or in lieu thereof, the audio recording, if any, or the Investigating Commissioner’s personal notes duly signed, which should be attached to the records, together with the evidence presented during the investigation. The submission of the report need not await the transcription of the stenographic notes, it being sufficient that the report reproduce substantially from the Investigating Commissioner’s personal notes any relevant and pertinent testimonies.
If the hearing is conducted through videoconferencing, the proceedings shall be recorded by the Investigating Commissioner. It shall form part of the records of the case, appending thereto relevant electronic documents taken up or issued during the hearing. (2023 Code of Professional Responsibility and Accountability or CPRA)

1. Issuance of report and recommendation by the Investigating Commissioner

a. Report and recommendation

1) With no clarificatory hearing

Where no clarificatory hearing was called, Investigating Commissioners are required “render a report and recommendation and submit the same to the IBP Board of Governors.”

a) Non-extendible 60-calendar day period

The said report and recommendation is required to be submitted “within a non­ extendible period of sixty (60) calendar days from receipt of the last position paper or lapse of the period given.”

2) With clarificatory hearing

a) Non-extendible 30-calendar day period

Where a clarificatory hearing was called, Investigating Commissioners are required to submit the said report and recommendation “within a non-extendible period of thirty (30) calendar days from the termination of the hearing.”

b. Accompaniments (attachments)

Ther report and recommendation is required to be accompanied by:

1) The duly certified transcript of stenographic notes (TSN);

2) In lieu of the said TSN;

(a) Audio recording, if any; or

(b) Investigating Commissioner’s personal notes duly signed.

NB: The above-mentioned accompaniments are required to “be attached to the records, together with the evidence presented during the investigation.”

1) Transcript of stenographic notes (TSN)

The report is required to be submitted within period provided. Thus, it is not necessary that the TSN be required to be attached prior to the submission. At the minimum, it is sufficient that the report “reproduce substantially from the Investigating Commissioner’s personal notes any relevant and pertinent testimonies.”

2) Videoconferencing

Where videoconferencing has been availed, the proceedings are required to be recorded.

Thus, the following will form part of the records of the case:

1) Videoconference recording;

2) Relevant electronic documents taken up or issued during the hearing; and

3) Transcripts, if any.

References

Canon VI, 2023 Code of Professional Responsibility

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