Establishment of the Judicial Integrity Board (JIB) and the Corruption Prevention and Investigation Office (CPIO)

July 7, 2020

EN BANC

A.M. No. 18-01-05-SC

ESTABLISHMENT OF THE JUDICIAL INTEGRITY BOARD (JIB) AND THE CORRUPTION PREVENTION AND INVESTIGATION OFFICE (CPIO)

RESOLUTION

WHEREAS, Section 6, Article VIII of the 1987 Philippine Constitution mandates that the Supreme Court shall have administrative supervision over all courts and the personnel thereof;

WHEREAS, Section 7 (3), Article VIII of the 1987 Philippine Constitution mandated that members of the Judiciary must be of proven competence, integrity, probity and independence;

WHEREAS, the Supreme Court of the Philippines, the constitutional repository of judicial power and administrator of all courts and its personnel, has both the duty and the power to pursue its constitutional missions and ideals through the creation of a body/office to promote integrity and curb corruption in the Judiciary;

WHEREAS, the Committee, in the Implementation of the Judicial Integrity Board, was constituted pursuant to Memorandum Order No. 75-2019 dated November 7, 2019 in order to review the functions of the JIB and the Legal Office, Office of the Court Administrator, and to determine and harmonize the overlapping and/or duplication of their functions;

WHEREAS, there is a need to supplement the Resolution in A.M. No. 18-01-05-SC dated October 2, 2018, in order to clarify the qualification standards of the Executive Officials of the JIB, as well as those of the officials of the Office of the Executive Director and Assistant Executive Director, and the Office of the General Counsel;

WHEREAS, there is also a need to specify the power, functions and authorities of the JIB, in relation to Rule 140 of the Revised Rules of Court, as amended, (Rules of Court) and the functions, duties and responsibilities of the Office of the Executive Director and Assistant Executive Director, and the Office of the General Counsel;

WHEREAS, after several meetings, the CIJIB recommended to propose to the Supreme Court the amendments to the Resolution in A.M. No. 18-01-05-SC dated October 2, 2018 and to Rule 140 of the Rules of Court;

NOW, THEREFORE, the Court resolved to APPROVE the proposed amendments to the Resolution in A.M. No. 18-01-05-SC dated October 2, 2018 and to Rule 140 of the Rules of Court, as amended, which is hereto attached as an integral part of this Resolution.

SECTION 1. Establishment. — The Supreme Court hereby establishes the Judicial Integrity Board (JIB) and the Corruption Prevention and Investigation Office (CPIO).

SECTION 2. Organization. — The JIB and the CPIO shall be considered as separate units in the Supreme Court.

SECTION 3. Executive Officials of the JIB. — The JIB shall be composed of a Chairperson, Vice-Chairperson and three (3) Regular Members, and shall be appointed by the Supreme Court En Banc, for a term of three (3) years, without reappointment. Of those first appointed, the Chairperson shall hold office for three (3) years; the Vice-Chairperson, for two (2) years; the first Regular Member, for three (3) years; the second Regular Member, for two (2) years; and the third Regular Member, for one (1) year, also without reappointment. Appointment to any vacancy shall be only for the unexpired portion of the term of the predecessor.

The Chairperson of the JIB must be a retired (compulsorily or optionally) Chief Justice and is entitled to the compensation equivalent to Salary Grade 32, or an Associate Justice of the Supreme Court and is entitled to a compensation equivalent to Salary Grade 31.

The Vice-Chairperson must be a retired (compulsorily or optionally) Associate Justice of the Supreme Court and is entitled to a compensation equivalent to Salary Grade 31.

The three (3) Regular Members of the JIB must either be retired (compulsorily or optionally) Presiding Justices or Associate Justices of the Court of Appeals, Sandiganbayan or Court of Tax Appeals, and is each entitled to a compensation equivalent to Salary Grade 30.

Nominations for appointment as Chairperson, Vice-Chairperson or Member of the JIB must be with the prior written conformity of the nominee.

SECTION 4. Functions, Powers and Authority of the JIB. — A. The JIB shall have the following functions, powers and authority:

1. Receive administrative complaints or disciplinary actions against either the Presiding Justices or Associate Justices of the Court of Appeals, Sandiganbayan, Court of Tax Appeals, Shari'ah High Court, First and Second Level Court Judges, the Shari'ah District Court or Shari'ah Circuit Court Judges, officers and employees of the Judiciary; Court Administrator, Deputy Court Administrators, Assistant Court Administrators or personnel of the Office of the Court Administrator; or of referrals of the Chief Justice, the Supreme Court En Banc or by any of its Divisions, as well as any referrals of administrative bodies to the JIB, such as the Civil Service Commission, the Commission on Audit, the Office of the Ombudsman, or the Department of Justice;

2. Act on said complaints/disciplinary actions or referrals as provided for in Rule 140 of the Rules of Court, the "Internal Rules" of the JIB as approved by the Supreme Court En Banc, as well as the Supreme Court Circulars, Administrative Orders or other issuances.

3. Jurisdiction over administrative complaints against the following:

a) Presiding Justices and Associate Justices of the appellate courts and Judges of the lower courts, except those complaints against the Chief Justice and the Associate Justices of the Supreme Court, involving charges under Rule 140 of the Rules of Court, as amended; and

b) Court officials and employees, involving violations of the "Code of Conduct for Court Personnel," and of the Civil Service Laws and Rules.

Provided, that administrative complaints against the following shall be within the exclusive jurisdiction of the JIB:

i) Court officials with Salary Grades 30 and 31, excluding those that are not within the jurisdiction of the JIB, regardless of the gravity of the administrative offense;

ii) First and Second Level Court Judges, including Shari'ah District and Circuit Court Judges, charged with serious charges under Rule 140 of the Rules of Court; and

iii) Court officials or employees, with Salary Grades 27 to 29, regardless of the gravity of the violation of the "Code of Conduct for Court Personnel" and of the Civil Service Laws and Rules.

Provided, however, that upon a preliminary assessment and evaluation of administrative complaints against all Judges, involving less serious charges and light charges under Rule 140 of the Rules of Court, the JIB may refer and delegate the investigation of those administrative complaints to the Office of the Court Administrator (OCA). The OCA shall terminate such investigation within sixty (60) calendar days and shall submit its "Report and Recommendation" within thirty (30) calendar days to the Supreme Court for appropriate action or resolution in accordance with administrative circulars.

Provided, however, that upon a preliminary assessment and evaluation of administrative or disciplinary actions against court officials or employees, with Salary Grades 26 and below, regardless of the gravity of the violation of the "Code of Conduct for Court Personnel" and of the Civil Service Laws and Rules, the JIB may refer and delegate the disciplinary investigation thereof to the respective Committee or Office having administrative control and/or supervision over their said officials and employees, such as:

(a) Committee on Ethics in Special Concerns of the Court of Appeals, or Presiding Justice thereof, as provided for in the "Procedure in Administrative Cases" of the Court of Appeals;

(b) Committee on Ethics of the Sandiganbayan;

(c) Committee of the Court of Tax Appeals on Employee's Rules of Discipline;

(d) Office of the Court Administrator for the personnel of the First and Second Level Courts, including those of the Shari'ah High Court, and the Shari'ah District and Circuit Courts; and

(e) Complaints and Investigation Division (CID) of the Office of Administrative Services for the personnel of the Supreme Court and offices under its supervision, including those of the Offices of the Court Administrators, the Deputy Court Administrators, and the Assistant Court Administrators.

The Committee or Office to which the above investigation was delegated shall terminate such investigation within sixty (60) calendar days, or within any extension thereof granted by the JIB; and shall thereafter submit its "Report and Recommendation" thereof, as well as the evidence adduced therein, and the records of the case to the JIB, which shall submit its "Report and Recommendation" within thirty (30) calendar days to the Supreme Court for appropriate action or resolution in accordance with administrative circulars.

Provided, further, that anonymous complaints and reports received by Chiefs and Heads of Offices/Services and other court officials shall be immediately referred to the JIB for evaluation and assessment.

4. Recommend to the Supreme Court the preventive suspension of the Respondents Justices, Court Administrator, Deputy Court Administrators or Assistant Court Administrators, Judges or court personnel pending resolution of the investigations of the disciplinary actions against them or any of them;

5. Issue subpoena and subpoena duces tecum for the appearance and attendance of the parties and their witnesses in the investigation by the JIB of disciplinary actions against any of the said Court Officials;

6. Assist the Supreme Court in the exercise of its inherent disciplinary powers under SECTION 11, Article VIII of the 1987 Constitution; and

7. Perform such other functions, duties and responsibilities as provided for in Rule 140 of the Rules of Court, as well as Administrative Circulars, Resolutions or other issuances of the Supreme Court.

B. The JIB is vested with administrative supervision and control over the Executive Director, the General Counsel and personnel of said offices and other units in the Office of the Executive Director, subject to the supervision and control of the Supreme Court.

SECTION 5. Office of the Executive Director (OED) — The JIB shall have an Office of the Executive Director, headed by the JIB Executive Director, and assisted by an Assistant Executive Director, with the following qualifications, tenure, compensation, functions, duties and responsibilities:

 

EXECUTIVE DIRECTOR
Qualifications	Tenure	Compensation and Privileges
Must be a retired (compulsorily/optionally) Associate Justice of any of the collegiate courts   Must not be more than 75 years of age at the time of appointment   Must not be related to an incumbent Justice of the appellate courts, or Judge, or any official or employee therein, within the 4th civil degree of consanguinity or affinity	The term of office is three (3) years; and may be reappointed	Compensation equivalent to Salary Grade 30

 

Functions, Duties and Responsibilities of the Executive Director

The duties, functions and responsibilities of the Executive Director of the JIB are as follows:

Under general supervision:

• Serves as the Head of the Organizational Unit or staff;

• Plans, directs, supervises and coordinates various functions, such as the conduct of surveys on legal matters, to determine the effectiveness of existing policy on disciplinary actions and legal grounds therefor;

• Assists the Court Administrator, Deputy Court Administrators, or the Assistant Court Administrators in the performance of their functions;

• Provides relevant data to enable the Judiciary planners to focus plans and programs to the needs of the lower courts and recommends corrective measures or plans for attainment of an efficient operation of courts;

• Assists in developing policies, programs and procedures for achieving the objectives of the lower courts;

• Sits as member of committees created or that may be created by the Court in the exercise of administrative supervision over the lower courts;

• Implements policies pertaining to the standard operating procedures of the office;

• Coordinates the work of his or her staff and reviews the same to determine if they are in accordance with laws, rules and regulations and policies;

• Prepares and submits reports of the activities of his or her staff; Oversees the intake and investigation of the complaints and oversees the formal proceedings;

• Acts as the primary liaison between the Judicial Integrity Board and the Judiciary, the public and the media;

• Reviews/revises the "Reports and Recommendations" of the Research and Investigation Division, on their investigations of disciplinary complaints or referrals, prior to submission thereof to the Judicial Integrity Board, for "Final Report and Recommendation" to the Supreme Court;

• Performs and accomplishes related tasks assigned to it by the JIB or by the Supreme Court or the Chief Justice, under the Internal Rules of the JIB, approved by the Supreme Court.

 

ASSISTANT EXECUTIVE DIRECTOR

Qualifications	Tenure	Compensation and Privileges
Must be either a retired (compulsorily or optionally) Regional Trial Court Judge or a lawyer from the Supreme Court or appellate courts with Salary Grade 29, and with at least ten (10) years in the practice of law   Must not be more than 75 years of age at the time of appointment   Must not be related to an incumbent Justice of the appellate courts, or Judge, or any official or employee therein, within the 4th civil degree of consanguinity or affinity	The term of office is three (3) years; and may be reappointed	Compensation equivalent to Salary Grade 29

 

Functions, Duties and Responsibilities of the Assistant Executive Director

The duties, functions and responsibilities of the Assistant Executive Director of the JIB are as follows:

1. Assists the Executive Director in the daily operations of the office;

2. Performs the duties and responsibilities of the Executive Director in the latter's absence;

3. Performs other tasks as may be assigned by the Executive Director from time to time.

SECTION 6. Units in the Office of the Executive Director (OED). — The OED shall be composed of an Administrative Services Division (ASD), Complaints Docket Division (CDD) and Research and Investigation Division (RID), each with the following respective functions on disciplinary matters:

A. ADMINISTRATIVE SERVICES DIVISION (ASD)

1. Consolidates and prepares the agenda, minutes and resolutions in disciplinary matters; and

2. Releases copies of the minutes, resolutions and decisions to the parties and offices concerned in disciplinary matters/actions.

B. COMPLAINTS DOCKET DIVISION (CDD)

1. Receives disciplinary complaints or referrals against the Presiding Justices and Associate Justices of the Court of Appeals, Sandiganbayan, Court of Tax Appeals, and the Shari'ah High Court, Judges of the lower courts, including the Shari'ah Courts, Court Administrator, Deputy Court Administrators or Assistant Court Administrators, and all other personnel of the Judiciary, as provided for in Section 4, supra;

2. Determines whether or not the complaints or referrals comply with the requirements, as provided for in Rule 140 of the Rules of Court, as amended, and/or the Internal Rules of the Judicial Integrity Board;

3. Assigns docket numbers to administrative matters;

4. Monitors status of complaints and submits reports thereon;

5. Collates data on all administrative complaints and cases;

6. Prepares clearances requested by the Associate Justices of the Court of Appeals, the Sandiganbayan and the Court of Tax Appeals, Shari'ah High Court, Judges of the lower courts, including the Shari'ah courts, Court Administrator, Deputy Court Administrators or Assistant Court Administrators, and all other personnel of the Judiciary, as provided for in Section 4, supra.

C. RESEARCH AND INVESTIGATION DIVISION (RID)

1. Conducts formal preliminary inquiry and/or preliminary investigation of administrative complaints, and prepares and submits recommendations thereon to the JIB Executive Director;

2. Studies and submits reports and recommendations on administrative disciplinary cases referred by the Supreme Court or the Chief Justice for evaluation and recommendation to the JIB;

3. Initiates, motu proprio, and prosecutes administrative complaints against the Presiding Justices or any of the Associate Justices of the Court of Appeals, Sandiganbayan, Court of Tax Appeals, the Shari'ah High Court and their personnel, Court Administrator, Deputy Court Administrators or Assistant Court Administrators and Judges of the lower courts, as well as Shari'ah trial courts, and the officials and employees of the Jurisconsult and said courts, whenever warranted; and

4. Studies and prepares comments on executive and legislative referrals/matters affecting the courts.

SECTION 7. Office of the General Counsel (OGC). — The JIB shall have an "Office of the General Counsel" headed by the JIB General Counsel and JIB Assistant General Counsel, with the following qualifications, tenure, compensation, privileges, functions, duties and responsibilities:

OFFICE of the GENERAL COUNSEL (OGC)

 

THE GENERAL COUNSEL

Qualification	Tenure	Compensation
At least ten (10) years in the practice of law, with experience in prosecution; or, with ten (10) years supervisory functions before the appointment in the JIB   Must not be related to an incumbent Justice of the appellate courts or Judges, or any official or employee therein, within the 4th civil degree of consanguinity or affinity	The time of appointment until the compulsory retirement age of 65 years old, without extension	Salary Grade 29

 

ASSISTANT GENERAL COUNSEL

Qualification	Tenure	Compensation
At least five (5) years in the practice of law, with experience in prosecution; or, with five (5) years supervisory functions before the appointment in the JIB   Must not be related to an incumbent Justice of the appellate courts, or Judge, or any official or employee, within 4th civil degree of consanguinity or affinity	The time of appointment until the compulsory retirement age of 65 years old, without extension	Salary Grade 28

 

Functions, Duties and Responsibilities

The General Counsel and/or the Assistant General Counsel shall serve as the Counsel of the Court Administrator, anonymous and/or other private complainants, in disciplinary actions before the JIB, who cannot financially afford the legal services of a private counsel; provides legal services to the said complainants in connection with said actions; and performs such other duties, functions and responsibilities as prescribed by the JIB or the Internal Rules of the JIB.

SECTION 8. Unit in the Office of the Executive Director-Office of the General Counsel (OGC). — The OGC shall have an "Administrative Services Division (ASD)," for the administrative aspect and other concerns of the office.

SECTION 9. Corruption Prevention and Investigation Office. Functions, Powers and Authority. — The CPIO shall have the following functions, powers and authority:

1. Conduct investigation and/or intelligence, surveillance or entrapment operations or lifestyle check to detect and identify Justices of the Court of Appeals, the Sandiganbayan, Court of Tax Appeals, and Shari'ah High Court, and Judges and personnel of the lower courts, including the Shari'ah Courts, and the officials and employees of the Office of the Jurisconsult, Court Administrator, Deputy Court Administrators, Assistant Court Administrators and their personnel, who commit or appear to be involved or are liable for any of the following:

a. Violations of Civil Service Rules;

b. Violation of the "Code of Conduct for Court Personnel," existing Supreme Court Circulars, Administrative and Memorandum Orders;

c. For Justices of the appellate courts and Judges, violations of the "New Code of Judicial Conduct for the Philippine Judiciary," the "Code of Judicial Conduct," and the "Code of Judicial Ethics" and the commission of acts specified in Sections 22, 23, and 24, Rule 140, as amended, of the Rules of Court and other related laws;

d. Violation of penal laws and statutes for which criminal liability may also be incurred such as those under:

d.1 The Revised Penal Code which includes:

d.1.1. Dereliction of Duty;

d.1.2. Bribery;

d.1.3. Frauds and Illegal Exaction and Transaction;

d.1.4. Malversation of Public Funds or Property;

d.1.5. Removal, Concealment or Destruction of Documents;

d.1.6. Anticipation or Prolongation and Abandonment of Duties and Powers of Public Office;

d.1.7. Usurpation of Powers and Unlawful Appointments;

d.1.8. Abuses against Chastity.

d.2 The "Anti-Graft and Corrupt Practices Act" (R.A. No. 3019);

d.3 The Code of Conduct and Ethical Standards for Public Officials and Employees (R.A. No. 6713); and

d.4 Other special penal laws.

2. Conduct, on order or upon prior authority of the Supreme Court or the Chief Justice or the JIB, discreet investigations or surveillance or entrapment operations on Justices, Judges and court personnel who are subjects of anonymous or unverified complaints or agencies, to be involved in or connected with any of the aforementioned acts and/or activities, and to submit its reports and recommendations to the Chief Justice or to the Supreme Court or to the JIB;

3. Installation of E-Corruption Technology — highlight the corruption risks in the uses of electronic technologies. The new technology is expected to bring some new risks for corruption by allowing greater accessibility to information and sensitive date, the downloading of inappropriate content and identity fraud;

4. Corruption Resistance Reviews — this is designated to assist the Supreme Court in identifying corruption risks and ethical weaknesses, and to develop strategies to reduce opportunities for corruption. This is achieved by identifying risk activities and weaknesses in agencies and continuing to monitor the implementation of recommendations;

5. Recommend to the Supreme Court or to the Chief Justice, appropriate policies and strategies aimed at the prevention and eradication of graft and corruption in the Judiciary;

6. Assist in the prosecution of those involved in such illegal acts and corrupt practices and to assist the Supreme Court in its efforts to bring about a judiciary that is worthy of public trust and confidence;

7. Coordinate with and seek assistance from government agencies in the accomplishment of its task;

8. Perform such other functions as the Supreme Court or the Chief Justice or the JIB may direct or assign;

9. Train and provide security personnel to the Justices, Judges, and court personnel of lower courts, as well as the Court Administrator, Deputy Court Administrators and Assistant Court Administrators, if and when needed, as determined by the Chief Justice and/or the Supreme Court;

10. Submit its report and recommendation on its investigation/operation to the Chief Justice or to the Supreme Court or to the JIB, as the case may be, within the timeframe prescribed by the Chief Justice or the Supreme Court or the JIB;

11. To treat any information gathered as a result of the investigation and intelligence operations with strict confidentiality; and

12. Formulate guidelines on the operational activities of the CPIO.

Any of the foregoing provisions which is inconsistent with the law creating the Philippine Judicial Marshal Service or a similar body with similar functions, powers and authority, shall be deemed amended and modified accordingly.

SECTION 10. Units in the Corruption Prevention and Investigation Office. — The CPIO shall have the following divisions: (a) Administrative Services Division (AS), (b) Investigation Division (ID), (c) Intelligence, Surveillance and Monitoring Division (ISMD), and (d) Security Services Division.

SECTION 11. Transfer of Functions to JIB. —

A. The functions, duties and responsibilities of the Court Administrator, the Deputy Court Administrators, and Assistant Court Administrators, including the Chief and personnel of the Legal Office, under the Office of the Court Administrator, on administrative or disciplinary cases, complaints or referrals, under Rule 140 of Rules of Court, as amended, and issuances of the Supreme Court, shall devolve on and be assumed by the JIB, except in those cases that the JIB may delegate to the Office of the Court Administrator, for investigation, report and recommendation;

B. The personnel in the Legal Office under the Office of the Court Administrator tasked to receive, act on, assess and evaluate disciplinary actions or referrals, under Rule 140 of the Rules of Court, as amended, against Judges of all levels and court personnel, as provided in Section 4, supra, shall be temporarily transferred to the JIB until its plantilla is approved by the Civil Service Commission, and its Notice of Organization, Staffing and Compensation Action is issued by the Department of Budget and Management;

C. The Court Administrator and the Office of Administrative Services Chief of the Supreme Court are directed to accomplish and submit to the Supreme Court a list of the personnel in the Legal Office of the Office of the Court Administrator to be temporarily transferred to the JIB under this Resolution;

D. The Presiding Justices of the Court of Appeals, Sandiganbayan or Court of Tax Appeals and the Court Administrator are hereby directed to elevate to the JIB, within sixty (60) calendar days from the approval of this Resolution by the Supreme Court En Banc, the records and evidence, of administrative cases or disciplinary complaints against officers and/or employees, still unresolved with finality, in said courts and/or office; and

E. The Court Administrator is, likewise, directed to elevate the records and evidence of administrative complaints or disciplinary actions against the Judges of the First and Second Level Courts, including the Shari'ah trial courts, and/or personnel of the said Courts, as provided in Section 4, supra, still unresolved, with finality, within ninety (90) calendar days from the approval of this Resolution by the Supreme Court En Banc.

SECTION 12. Transfer Clause. — A sufficient number of court attorneys and other personnel in the Legal Office of the Office of the Court Administrator, to be determined by the Supreme Court En Banc upon recommendation of the JIB, shall be temporarily transferred to the JIB and the CPIO, until its plantilla is approved by the Civil Service Commission, and its Notice of Organization, Staffing and Compensation Action is issued by the Department of Budget and Management, to strategically comprise and partially fill up the staffing pattern of the JIB and the CPIO.

SECTION 13. Staffing Pattern of the JIB and the CPIO. — The staffing pattern of the JIB and the CPIO and their units shall be recommended by the Office of Administrative Services in accordance with the Index of Occupational Services and Qualification Standards prescribed by the Civil Service Commission or those prescribed by the Supreme Court to some unique positions, whichever is applicable.

SECTION 14. Funding. — The funding requirements for the staffing pattern of the JIB and the CPIO as far as the new positions are concerned shall be initially charged from the savings of the Court pending the issuance by the Department of Budget and Management of the Notice of Organization, Staffing and Compensation Action. The budget for the existing and funded positions in the Legal Office of the Office of the Court Administrator, which shall be temporarily transferred to the JIB and the CPIO, shall be maintained.

SECTION 15. Appointment of Personnel. — The appointment of personnel in the JIB and the CPIO to permanent vacant positions shall be through the Selection and Promotion Board, except those which are classified by the Court as highly technical and/or third level positions and coterminous or primarily confidential in nature positions, which appointments shall be approved by the Supreme Court En Banc or the three (3) most senior members of the Supreme Court in accordance with existing administrative orders/circulars. The incumbent employees in the Legal Office of the Office of the Court Administrator to be temporarily transferred to the JIB and the CPIO shall retain their present positions and seniority when the transfer is affected.

SECTION 16. Removal from Office. — Officials with fixed-term appointments may only be removed by the Supreme Court En Banc, while those considered as regular employees may only be removed based on just cause and after due hearing.

SECTION 17. Offices. — The physical offices, equipment and supplies of the JIB and the CPIO shall be provided by the Supreme Court with appropriate and sufficient space for its operations and number of personnel.

SECTION 18. Internal Rules of the JIB. — Within thirty (30) calendar days from the completion of the membership of the JIB, the JIB shall formulate its own Internal Rules and shall submit the same to the Supreme Court En Banc for approval.

SECTION 19. Repealing Clause. — All administrative circulars, issuances, and orders that are inconsistent with the provisions of this Resolution are hereby repealed, amended, or modified accordingly.

SECTION 20. Effectivity. — This Resolution shall take effect within fifteen (15) days after publication in a newspaper of general circulation.

(SGD.) DIOSDADO M. PERALTAChief Justice

(SGD.) ESTELA M. PERLAS-BERNABEAssociate Justice

(SGD.) MARVIC M.V.F. LEONENAssociate Justice

(SGD.) ALFREDO BENJAMIN S. CAGUIOAAssociate Justice

(SGD.) ALEXANDER G. GESMUNDOAssociate Justice

(SGD.) JOSE C. REYES, JR.Associate Justice

(SGD.) RAMON PAUL L. HERNANDOAssociate Justice

(SGD.) ROSMARI D. CARANDANGAssociate Justice

(SGD.) AMY C. LAZARO-JAVIERAssociate Justice

(SGD.) HENRI JEAN PAUL B. INTINGAssociate Justice

(SGD.) RODIL V. ZALAMEDAAssociate Justice

(SGD.) MARIO V. LOPEZAssociate Justice

(SGD.) EDGARDO L. DELOS SANTOSAssociate Justice

(SGD.) SAMUEL H. GAERLANAssociate Justice

ATTACHMENT

Amendments to Rule 140 of the Revised Rules of Court

RULE 140

DISCIPLINE OF JUDGES OF REGULAR, SPECIAL OR SHARI'AH COURTS, PRESIDING JUSTICES AND ASSOCIATE JUSTICES OF THE COURT OF APPEALS, THE SANDIGANBAYAN, COURT OF TAX APPEALS, AND SHARI'AH HIGH COURT, COURT ADMINISTRATOR, DEPUTY COURT ADMINISTRATORS AND ASSISTANT COURT ADMINISTRATORS, AND PERSONNEL OF THE JUDICIARY

Section 1. How Instituted. — Proceedings for the discipline of the Presiding Justices and Associate Justices of the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, the Shari'ah High Court and Judges of the lower courts, including the Shari'ah District or Circuit Courts, and the officials and employees of the Judiciary, Court Administrator, Deputy Court Administrators, Assistant Court Administrators and their personnel, may be instituted, motu proprio, by the Supreme Court, in the Judicial Integrity Board.

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Section 7. Complaints Transferred to the JIB. — Verified or anonymous administrative complaints, including those initially endorsed to or filed with the Supreme Court by quasi-judicial bodies of the government, against a Judge of a Regular, Special or Shari'ah Court, Presiding Justice or Associate Justice of the Court of Appeals, the Sandiganbayan or Court of Tax Appeals, and the Shari'ah High Court, Court Administrator, Deputy Court Administrators or Assistant Court Administrators, in the Office of the Court Administrator, requiring investigation of substantial factual issues, shall be transferred to the Judicial Integrity Board, for investigation and submission of its report and recommendation to the Supreme Court.

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Section 20. Delegation of Authority. — Subject to Rule 140 of the Revised Rules of Court, as amended, and the "Internal Rules of the Judicial Integrity Board," the JIB may delegate to the Office of the Court Administrator the disciplinary investigation of Judges, involving less serious charges and light charges under Rule 140 of the Rules of Court.

The JIB may also delegate the disciplinary investigations of court officials and employees to the appropriate Committees or Offices which have administrative control and/or supervision over their respective officials and employees:

(a) Committee on Ethics in Special Concerns of the Court of Appeals, or Presiding Justice thereof, as provided for in the "Procedure in Administrative Cases" of the Court of Appeals;

(b) Committee on Ethics of the Sandiganbayan;

(c) Committee of the Court of Tax Appeals on Employee's Rules of Discipline; and

(d) Office of the Court Administrator for the personnel of the First and Second Level Courts, including those of the Shari'ah High Court and Shari'ah District and Circuit courts; and

(e) Complaints and Investigation Division (CID) of the Office of Administrative Services for personnel of the Supreme Court and offices under its supervision, including those of the Office of the Court Administrator, the Deputy Court Administrators, and the Assistant Court Administrators.

The Committee or Office to which the above investigation was delegated shall terminate such investigation within sixty (60) calendar days, or within any extension thereof granted by the JIB; and shall thereafter submit its "Report and Recommendation" thereof, as well as the evidence adduced therein, and the records of the case to the JIB, which shall submit its "Report and Recommendation" within thirty (30) calendar days to the Supreme Court for appropriate action or resolution.

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Section 22. Serious Charges. — Serious charges include:

1. Bribery, direct and indirect;

2. Dishonesty and violations of the Anti-Graft and Corrupt Practices Law (R.A. No. 3019);

3. Gross misconduct constituting violations of the Code of Judicial Conduct or of the Code of Conduct for Court Personnel, and grave offenses under the Civil Service Laws and Rules;

4. Knowingly rendering an unjust judgment or order as determined by a competent court in an appropriate proceeding;

5. Conviction of a crime involving moral turpitude;

6. Willful failure to pay a just debt;

7. Borrowing money or property from lawyers and litigants in a case pending before the court;

8. Immorality;

9. Gross ignorance of the law or procedure;

10. Partisan political activities; and

11. Alcoholism and/or vicious habits, and use of illegal drugs or substance. (22a)

Section 23. Less Serious Charges. — Less serious charges include:

1. Undue delay in rendering a decision or order, or in transmitting the records of a case;

2. Frequent and unjustified absences without leave or habitual tardiness;

3. Unauthorized practice of law;

4. Violation of Supreme Court rules, directives, and circulars;

5. Receiving additional or double compensation unless specifically authorized by law;

6. Untruthful statements in the certificate of services; and

7. Simple Misconduct constituting violations of the Code of Judicial Conduct or of the Code of Conduct for Court Personnel, and less grave offenses under the Civil Service Laws and Rules. (23a)

Section 24. Light Charges. — Light charges include:

1. Vulgar and unbecoming conduct;

2. Gambling in public;

3. Fraternizing with lawyers and litigants with pending case/cases in his or her court;

4. Undue delay in the submission of monthly reports; and

5. Light offenses under the Civil Service Laws and Rules.

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