Substantial defects; motion to reopen, C6S29 CPRA

Section 29, Canon VI SECTION 29. Substantial defects; motion to reopen. - Any substantial defect in the complaint, notice, answer, or in the proceeding or the Investigating Commissioner's Report which may result in the miscarriage of justice may be raised as an error before the Supreme Court, unless the defect results in the deprivation of the right to due process. In case of the latter, the matter may be brought before the IBP Board of Governors by way of a motion to reopen within sixty (60) calendar days from knowledge. (2023 Code of Professional Responsibility and Accountability or CPRA) 1. Substantial defects; motion to reopen a. Substantial defects If it may result in the miscarriage of justice, substantial defects in the following may be raised as an error before the Supreme Court: 1) Complaint, 2) Notice, 3) Answer, 4) In the proceeding, or 5) The Investigating Commissioner's Report. 1) Exception The above rule is subject to the exception: “unless the defect results in the deprivation of the right to due process.” b. Motion to reopen If the defect “results in the deprivation of the right to due process,” a motion to reopen may be brought before the IBP Board of Governors. 1) 60-calendar day period The motion is required to be submitted “within sixty (60) calendar days from knowledge.” References • Canon VI, 2023 Code of Professional Responsibility...