EN BANC A.M. No. 09-2-19-SC February 24, 2009 IN RE: UNDATED LETTER OF MR. LOUIS C. BIRAOGO, PETITIONER IN BIRAOGO V. NOGRALES AND LIMKAICHONG, G.R. No. 179120.

 Before this Court is the Report of the Investigating Committee created under the Resolution dated December 10, 2008, to investigate the unauthorized release of the unpromulgated ponencia of Justice Ruben T. Reyes in the consolidated cases of Limkaichong v. COMELEC, Villando v. COMELEC, Biraogo v. Nograles and Limkaichong, and Paras v. Nograles, docketed as G.R. Nos. 178831-32, 179240-41, 179120 and 179132-33, respectively, to determine who are responsible for the leakage of a confidential internal document of the En Banc.

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The New Code of Judicial Conduct²⁵³ provides that confidential information acquired by justices and judges in their judicial capacity shall not be used or disclosed for any other purpose not related to their judicial duties.²⁵⁴ The Code of Conduct for Court Personnel likewise devotes one whole canon on confidentiality, to wit:

SECTION 1. Court personnel shall not disclose to any unauthorized person any confidential information acquired by them while employed in the judiciary, whether such information came from authorized or unauthorized sources.

Confidential information means information not yet made a matter of public record relating to pending cases, as well as information not yet made public concerning the work of any justice or judge relating to pending cases, including notes, drafts, research papers, internal discussions, internal memoranda, records of internal deliberations and similar papers.

The notes, drafts, research papers, internal discussions, internal memoranda, records of internal deliberations and similar papers that a justice or judge uses in preparing a decision, resolution or order shall remain confidential even after the decision, resolution or order is made public.

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WHEREFORE, in view of the foregoing, the Court ADOPTS the findings and APPROVES WITH MODIFICATION the Recommendations of the Investigating Committee as follows:

(1) Justice Ruben T. Reyes (Ret.) is held liable for GRAVE MISCONDUCT for leaking a confidential internal document of the Court and he is FINED P500,000.00, to be charged against his retirement benefits, and disqualified to hold any office or employment in any branch or instrumentality of the government including government-owned or controlled corporations; furthermore, Justice Ruben T. Reyes is directed to SHOW CAUSE within ten (10) days from receipt of a copy of this Decision why he should not be disciplined as a member of the Bar in light of the aforementioned findings.

(2) Atty. Rosendo B. Evangelista and Armando Del Rosario are held liable for SIMPLE NEGLECT OF DUTY and are ordered to pay the FINE in the amount of P10,000.00 and P5,000.00, respectively.