The Supreme Court has recently amended par. 3 of Administrative Circular No. 84-2007, dated September 17, 2007, regarding instances when a member of the Division, not the ponente, was counsel or a partner or a member of a law firm that is or was counsel in the case before the Division. Under the amendment, such member shall be recused, unless the member was no longer a partner or member of the law firm when the firm was engaged as counsel in the case and the member votes against the client of such firm. In any event, the mandatory inhibition shall cease after the lapse of 10 years from the resignation or withdrawal of the member from the law firm, unless the member personally handled the case when the member was a partner or member of the law firm.

With respect to instances where the member who is not the ponente or such member’s spouse or child is pecuniarily interested in a case before the Division; or such member is related to either party in the case within the sixth degree of consanguinity or affinity, or to an attorney or any member of a law firm who is counsel of record in the case within the fourth degree of consanguinity or affinity; or such member was executor, administrator, guardian, or trustee in the case; or such member was an official or is the spouse of an official or former official of the government agency or private entity that is party to the case, and such member or the latter’s spouse had reviewed or acted on any matter relating to the case, it is discretionary on such member to inhibit himself from the case.

When a member who is not the ponente has to recuse, the case shall be decided by the four remaining members and one additional member from the other two Divisions chosen by raffle.

It was clarified that pars. 1 and 2 of Administrative Circular No. 84-2007 cover instances where the member of the Division is the ponente, while paragraph 3 applies where the member of the Division is not the ponente.

The foregoing amendment took effect on June 18, 2008 upon its publication at the Manila Bulletin. (AM No. 08-3-09-SC, Re: Administrative Circular No. 84-2007 on Amendments in the Rules on Inhibition of Division Members and on Leaves and Vacancies in a Division, June 3, 2008)