According to the statement, the JIB will act on complaints against erring justices, judges, and court

personnel. It will be headed by a chair and vice chair who must be retired justices from the Supreme
Court while the 3 regular members must be retired justices from either the Court of Appeals (CA),
Sandiganbayan or the Court of Tax Appeals (CTA). They will serve for a term of 3 years without
reappointment.

The CPIO is authorized to conduct investigations, intelligence, surveillance or entrapment operations

or lifestyle checks against justices of the CA, Sandiganbayan, and CTA as well as judges and
personnel of the lower courts, including the Shari’a Courts, and the officials and employees of the
Office of the Jurisconsult, Court Administrator, Deputy Court Administrator, Assistant Court
Administrator and their personnel.

Acting Chief Justice Antonio Carpio, in his speech during the awarding ceremonies for judicial
excellence at the Manila Hotel last week, explained the creation of the two permanent offices.

“The investigation of complaints against all trial judges and appellate justices who are non-
impeachable shall now be handled by permanent bodies instead of ad hoc investigators or
committees,” he said.

“This institutionalizes the investigation and disciplining system of judges and justices in all lower
courts and ensures that all lower court judges and justices are supervised well. The creation of these
two permanent bodies plugs a gaping loophole in the effective supervision of lower courts,” he
added.

NEW RULE 140

With the creation of the JIB, the SC revised the guidelines for the discipline of judges, justices and
court personnel under Rule 140 of the Rules of Court.

Any complaint, whether verified and supported by affidavits, or anonymous and supported by public
records, will now be lodged with the JIB. The same rule applies to cases initiated motu propio or on
its own by the SC.

Under the old rule, the SC had to refer the matter either to the Office of the Court Administrator or
assign a justice or a judge higher in rank than the one subject of the case. For example, to a retired
SC justice if respondent is a justice of the CA and SB, and to a CA justice if the respondent is a judge
of a regional trial court or special court of equivalent rank.

But under the new rule, even the court administrator and his deputy can now be investigated by the
JIB.

Based on the new rule, the office can immediately resolve the disciplinary action within 60 days if it
can do so based on the pleadings, documents or court records filed.

But if there are substantial factual issues raised, the JIB shall recommend to the SC the docketing of
the case as a regular administrative matter. The SC can then direct the JIB to conduct a formal
investigation and submit its report and recommendation within 60 days from the termination of the
investigation, or as modified by the SC.
In contrast, the old rule gives the investigating judge or justice 90 days to conduct an investigation
and hold a hearing, and 30 days to submit its findings and recommendation.

In addition, the new rule punishes complaints intended to harass or embarrass a respondent.

“If a disciplinary action is filed with the JIB six months before the compulsory retirement of the
individual for an alleged cause of action that occurred at least a year before such filing and shown
prima facie, that is intended to harass and embarrass the respondent, the JIB shall recommend to the
SC the dismissal of said complaint and that the complainant be cited by the SC for indirect
contempt,” the PIO said.

“If complainant is a lawyer, the same may further be required to show cause why he or she should
not be administratively sanctioned as a member of the Philippine Bar and as an officer of the Court,”
it added.