Code of Judicial Conduct / Ethics
SECTION 2. Effect of death, retirement, and separation from service to the Proceedings. -
(1) Circumstances already existing prior to the institution of the proceedings. - Disciplinary proceedings may not be instituted against a judge who has already died, retired, resigned or has otherwise been separated from judicial service. However, for compelling reasons, such proceedings may still be instituted notwithstanding the retirement, resignation or separation from judicial service of the judge within twelve (12) months from such retirement, resignation or separation from the service.
(2) Circumstances supervening only during the pendency of the proceedings. - Once disciplinary proceedings have already been instituted, the respondent's supervening resignation, retirement or separation from judicial service shall not preclude or otherwise affect the continuation of the proceedings.
Disciplinary proceedings instituted against a judge who dies during the pendency of the proceedings shall be dismissed with prejudice, but subject to any surviving civil claim against the estate of the deceased or the legal heirs or representatives.
(3) Circumstances not affecting the proceedings; exceptional circumstances. - The desistance of the complainant, settlement, compromises, restitution, withdrawal of the disciplinary action by the complainant, failure of the complainant to prosecute the same, the death of the complainant, the respondent's transfer of residence to a foreign country, or analogous circumstances, shall not interrupt or terminate the investigation and resolution of disciplinary actions conducted by the JIO, unless exceptional circumstances exist to warrant the termination or dismissal of the action, as may be determined and recommended by the JIO to the Supreme Court.