Republic of the Philippines Supreme Court Slanila EN BANC A.M. No. 18-01-05-SC INTERNAL RULES OF THE JUDICIAL INTEGRITY BOARD WHEREAS, the Court En Banc in its Resolution in A.M. No. 18-01- 05-SC, dated July 7, 2020 created the Judicial Integrity Board (JIB) and the Corruption Prevention and Investigation Office (CPIO); WHEREAS, pursuant to Section 18 of the Resolution, the JIB shall formulate its own Internal Rules and shall submit the same to the Supreme Court En Bane for approval; WHEREAS, pursuant to Memorandum Order No. 72-2020, dated October 29, 2020, a committee was created to draft the internal rules of procedure of the JIB, to serve as guidelines for the officials and personnel of the JIB in the discharge of their official functions WHEREAS, the Committee to Draft the Internal Rules of Procedure of the JIB is composed of the following members: Chairperson: HON. ROMEO J. CALLEJO, SR. (Ret.) Chairperson, JIB Vice Chairperson: HON. RODOLFO A. PONFERRADA (Ret.) Second Regular Member, JIBMembers: Secretariat: HON. RAUL B. VILLANUEVA Deputy Court Administrator, OCA ATTY. MARIA CARINA M. CUNANAN Deputy Clerk of Court and Chief Administrative Officer, Office of Administrative Services, SC ATTY. MARIA VICTORIA GLEORESTY S.P. GUERRA Deputy Clerk of Court and Chief Attorney Office of the Chief Attorney ATTY. WILHELMINA D. GERONGA OCA Chief of Office, Legal Office Office of the Court Administrator ATTY. JAMES D.V. NAVARETTE OCA Assistant Chief of Office, Legal Office Office of the Court Administrator ATTY. RALPH JEROME D. SALVADOR Chief Justice Staff Head Office of the Chief Justice ATTY. MA. LUISA L. LAUREA SC Senior Chief Staff Officer Office of the Court Administrator ATTY. SIMEON V. BRIGOLA, JR. Court Attorney V Office of Administrative Services, SC ATTY. RONALDO M. GARCIA Court Attorney VI Judicial Integrity Board ATTY. JEFFREY G. GALLARDO Court Attorney VI Office of the Chief Justice ATTY. CAMILLE SUE MAE L. TING Court Attorney VI Office of the Court AdministratorWHEREAS, on November 10, 19 and 26, 2020, the Committee discussed and deliberated on the working draft of the proposed Internal Rules of Procedure of the JIB, and eventually submitted the revised draft to the Board for deliberation and approval; and WHEREAS, on December 7, 2020, the JIB Chairperson, Vice- Chairperson and Members of the JIB transmitted for the review and approval of the Supreme Court, the final draft of the “Internal Rules of Procedure of the Judicial Integrity Board” which was approved by the Board, after an intensive review of the revised draft submitted by the Committee; NOW, THEREFORE, pursuant to Section 18 of the Resolution of the Supreme Court En Banc in A.M. No. 18-01-05-SC dated July 7, 2020, the Court resolved to APPROVE the INTERNAL RULES OF THE JUDICIAL INTEGRITY BOARD. December 15, 2020. DIOSDADO M. PERALTA Chief JusticeBile ptiin.. Mee M.V.F, LEONEN Associate Justice ‘R G. GESMUNDO Associate Justice ‘UL L. HERNANDO GOR CEERTIRE, Associate Justice Associate Justice ae AMY HENRI JEAN P. B. INTING Associate Justice Associate Justice ‘late Justice Associate Justic« a Sn diK evcanto L. DELOS oe SAMUEL H. GAl ~ Associate Justice Associate Justice L RICARDO R. ROSARIO Associate JusticePARTI GENERAL PROVISIONS RULET TITLE, COVERAGE, AND CONSTRUCTION Section 1. Title of the Rules. — These Rules shall be known and cited as the INTERNAL RULES OF THE JUDICIAL INTEGRITY BOARD (JIB). Section 2. Coverage. — These Rules and the Rules of Court, particularly Rule 140 as amended, resolutions, circulars, and other issuances promulgated by the Supreme Court, in so far as applicable, shall govern all actions and proceedings before the JIB. Section 3. Construction. — These Rules shall be liberally construed to promote a just, expeditious, and inexpensive determination of every action and proceeding in the JIB. RULE I ORGANIZATIONAL STRUCTURE Section 1. Composition of the JIB and Rule on Precedence. — a. Composition — The JIB is composed of a Chairperson, Vice- Chairperson, and three (3) Regular Members - First Regular Member, Second Regular Member, and Third Regular Member, all of whom shall be appointed by the Supreme Court. The Chairperson is the Head of the JIB, and shall be in charge of its management and supervision. The Chairperson may recommend to the Supreme Court the constitution of committees in the JIB, to be headed by any of the Members. The Vice-Chairperson shall assist the Chairperson in the management and supervision of the JIB. In the authorized leave of absence of the Chairperson and as designated by the latter in an Office Order, the Vice-Chairperson shall take the role of Acting Chairperson. A Member shall participate in the deliberation of matters to be acted upon by the JIB, act on the cases including the investigation and preparation of the “Final Report and Recommendation” to be submitted to the Supreme Court, and perform other tasks that may be assigned by the Chairperson or Vice-Chairperson in the absence of the former. b, Rule on Precedence — The Chairperson shall enjoy precedence over the other members of the Board in all official functions. The Members shall have precedence according to the sequence of their appointments.(1) The Rule on Precedence shall apply: i. In the seating arrangement and In the choice of office space, equipment, transportation, and other facilities. (2) The Rule on Precedence shall not be observed: i, In social and other non-official functions and ii, To justify any variation in the assignment of cases, amount of compensation, allowances, or other forms of remuneration. Section 2. Offices under the JIB. — 1. Office of the Executive Director (OED - a. Officials — (1) Executive Director — Under the general supervision of the Chairperson of the JIB, the Executive Director shall have the following functions, duties, and responsibiliti i. Serves as the Head of the Orga staff, ii, 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, the Deputy Court Administrators, or the Assistant Court Administrators in the performance of their functions and duties that may be assigned to them by the JIB; iv. Provides relevant data to enable the Judiciary planners to formulate plans and programs to meet the needs of the lower courts, and recommends corrective measures or plans for attainment of the efficient and effective operations of the courts;v. vii. viii. ix. xii. xiii, 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 Supreme Court in the exercise of administrative supervision over the lower courts: Implements policies, based on issuances of the Supreme Court or the JIB, as the case may be: 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 referrals of the Supreme Court and/or administrative bodies, as well as the formal proceedings in administrative or disciplinary actions; Acts as the primary liaison between the JIB and the Judiciary, the public offices and the media; Reviews/revises the “Reports and Recommendations” of the Research and Investigation Services, on the investigations of disciplinary complaints or referrals, prior to submission thereof to the JIB, for “Final Report and Recommendation” which shall be submitted to the Supreme Court; and Performs and accomplishes related tasks assigned by the JIB, the Supreme Court, or the Chief Justice. (2) Assistant Executive Director (AED) — The Assistant Executive Director shall have the following functions, duties, and responsibilities: Assists the Executive Director in the daily operation of the OED; Performs and accomplishes the duties and responsibilities of the Executive Director, in the absence of the latter; andiii. b. Units — (1) Admi Performs other tasks as may be assigned by the Executive Director. rative Services (AS) Consolidates and prepares the agenda, minutes, and resolutions in disciplinary matters; and Releases copies of the minutes, resolutions, and decisions to the parties and offices concemed in disciplinary matters/actions. (2) Complaints Docket Services (CDS) ii. vi. Receives disciplinary complaints or referrals against Presiding Justices and Associate Justices of the Court of Appeals, Sandiganbayan, and Court of Tax Appeals, and Judges and personnel of the lower courts, including the Shari'ah Courts, Court Administrator, Deputy Court Administrators, Assistant Court Administrators and their respective personnel; Determines whether the complaints or referrals comply with the requirements of Rule 140 of the Rules of Court, as amended, and/or the Internal Rules of the JIB; Assigns docket numbers to administrative matters; Monitors status of complaints and submits reports thereon; Collates data on all administrative complaints and cases; and Prepares clearances requested by the Associate Justices of the Court of Appeals, the Sandiganbayan and the Court of Tax Appeals, Judges and personnel of the lower courts, including the Shari’ah Courts, and the officials and employees of the Office of the Court Administrator. (3) Research and Investigation Services (RIS)ii. iii. iv. Conducts formal preliminary inquiry and/or preliminary investigation of administrative complaints and prepares. and ~—_ submits, recommendations thereon to the Executive Director of the JIB; 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; 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, Shari'ah = High Court, Court Administrator, Deputy Court Administrators, Assistant Court Administrators, and Judges of the First-Level and Second-Level Courts including the Shari'ah District and Circuit Courts, and the officials and employees of said courts, whenever warranted; and Studies and prepares comments on executive and legislative referrals/matters affecting the courts. 2. Office of the General Counsel (OGC) ~ a. Officials — (1) General Counsel ~ The General Counsel following functions, duties, and responsibil ii. Serves as the Counsel of the Office 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 as evidenced by a sworn declaration of his or her financial incapacity, or a certification of such fact from the barangay where he or she is a resident of, and Performs such other duties, functions, and responsibilities as may be assigned by the JIB. (2) Assistant General Counsel — The Assistant General Counsel shall have the following functions, duties, and responsibilities:i. Assists the General Counsel in the performance of the functions, duties and responsibilities of the OGC; and ii. Performs such other tasks as may be assigned by the General Counsel. b. Unit — istrative Services (AS) i. Manages the administrative aspect and other concerns of the Office of the General Counsel; and ii. Performs such other tasks as may be assigned by the General Counsel. Section 3. Appointments and Termination of Services. — The JIB shall recommend to the Supreme Court through its Selection and Promotion Board the appointments to the permanent positions of the Executive Director, Assistant Executive Director, General Counsel, Assistant General Counsel, and all other personnel except, those positions which are classified as highly technical, third level positions, coterminous, and_ primarily confidential in nature. All resignations and terminations of services of officials and employees of the Board shall be acted upon by the JIB, and referred, through the Chairperson, to the Supreme Court for appropriate action. RULE 1 JURISDICTION, AUTHORITY, POWERS, and FUNCTIONS of the JIB Section 1. Jurisdiction, — The JIB shall exercise jurisdiction over administrative complaints or referrals against the following: a. Presiding Justices and Associate Justices of the Court of Appeals, the Sandiganbayan, the Court of Tax Appeals, and the Shari’ah High Court and Judges of the lower courts, including 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; and b. Court officials and employees involving violations of the Code of Conduct for Court Personnel and/or the Civil Service Laws and Rules. Provided that the formal investigation of administrative complaints against the following cannot be delegated:a. Court officials or employees 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; b. 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, as amended; and c. 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 and their respective answers or responsive pleadings, involving less serious charges and light charges under Rule 140 of the Rules of Court, as amended, the JIB may refer and delegate the investigation of these administrative complaints to the Office of the Court Administrator. The OCA shall terminate such investigation within an extendible period of sixty (60) calendar days and shall submit its “Report and Recommendation” within an extendible period of thirty (30) calendar days from termination of such investigation to the Supreme Court for appropriate action or resolution in accordance with administrative circulars. The “Report and Recommendation” shall be for the exclusive use of the Supreme Court. Provided further that upon a preliminary assessment and evaluation of administrative or disciplinary actions against court officials or employees with Salary Grade 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 Committees or Offices having administrative control and/or supervision over their said officials and employees, such as the following: a. Committee on Ethics and 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 of the Office of the Administrative Services for personnel of the Supreme Court, and2 offices under its supervision, including those of the Offices of the Court Administrator, the Deputy Court Administrators, and Assistant Court Administrators, the Philippine Judicial Academy, the Judicial and Bar Council, as well as the Presidential Electoral Tribunal, the Senate Electoral Tribunal, the House Electoral Tribunal, and the Mandatory Continuing Legal Education Board. 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 thereafier submit its “Report and Recommendation”, as well as the evidence adduced therein, and the records of the case to the JIB, which shall submit its “Report and Recommendation” within an extendible period of thirty (30) calendar days to the Supreme Court for appropriate action or resolution in accordance with administrative circulars. The “Report and Recommendation” shall be for the exclusive use of the Supreme Court. The above Committee or Office in the exercise of its delegated power shall be guided by the Internal Rules of the JIB. Section 2. Powers. — The JIB shall have 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 3. Exercise of Administrative Authority, Powers, and Functions. ~ The JIB, through the Chairperson, shall undertake the administrative supervision of its officials and personnel and conduct of its operations, subject to the control and supervision of the Supreme Court. Section 4. Assisting officials in the exercise of such functions. — The JIB shall develop its programs and policies, assisted by the Executive Director and Assistant Executive Director. Section 5. Exercise of Disciplinary Authority, Powers, and Functions. ~ The JIB shall have disciplinary authority, powers, and functions, as follows: a. Receives administrative complaints or disciplinary actions against either the Presiding Justices or Associate Justices of the Court of Appeals, Sandiganbayan, Court of Tax Appeals, the 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 referrals of the Chief Justice, the Supreme Court En bane or by any of its Divisions, as well as any referrals fo the JIB, by administrative bodies such as the Civil Service Commission, the Commission on Audit, the Office of the Ombudsman, or the Department of Justice;b. Assists the Supreme Court in the exercise of its inherent disciplinary powers under Section 11, Article VIII of the 1987 Constitution; c. Acts on complaints, disciplinary actions, or referrals in accordance with Rule 140 of the Rules of Court, as amended, and other relevant issuances of the Supreme Court; d, Recommends to the Supreme Court the preventive suspension of the respondent pending the resolution of the disciplinary action; e. Administers oath to parties and witnesses; £. Issues subpoenae duces tecum and ad testificandum; g. Conducts ocular inspections and takes depositions of the parties and/or witnesses in accordance with the Rules of Court, as amended, and issuances of the Supreme Court; h. Performs such other functions, duties, and responsibilities under Rule 140 of the Rules of Court, as amended, and other issuances of the Supreme Court. RULE IV SESSIONS AND HEARINGS Section 1. Principal Office; Place of Holding Sessions. ~ The JIB shall have its principal office in the Metro Manila area where it shall hold office and sessions, and shall conduct hearing and resolve cases: provided that in the hearing of cases, the Chairperson or in his absence the Vice-Chairperson shall authorize the holding of sessions at any time and place outside of its principal office and taking into consideration the greater convenience of the parties and in the interest of justice or other compelling reasons. For out-of-town hearings, the Chairperson, the Vice-Chairperson and the three (3) Regular Members of the JIB and their personnel shall be entitled to the usual expense allowance as authorized by the Supreme Court, subject to the usual accounting and auditing rules and regulations. Section 2. Support Personnel and Facilities in Sessions Outside of Principal Office. — In sessions outside of its principal office, the JIB may secure the services of the personnel and the use of facilities of other courts, otherwise, the JIB may request other government offices where the sessions shall be held, for reasons beyond the control of the JIB. The personnel of such other courts shall be subject to the orders of the JIB, through the Chairperson. Section. 3. Sessions for Administrative and Disciplinary Matters. — The regular sessions for the administrative and disciplinary matters shall be held14 every Monday at 10:00 A.M., or at any date and time as may be determined by the Chairperson. The Chairperson may call a special session at another date and time upon due notice. The JIB may resort to alternative modes of communication in the conduct of its sessions and hearings such as but not limited to video conferencing or teleconferencing. Section 4. Quorum. — For all sessions of the JIB, the presence of a majority or at least three (3) of the Members shall constitute a quorum. Upon a quorum having been established, it continues until the session is finally adjourned or terminated. The affirmative votes of three (3) Members shall be necessary for the approval of the “Report and Recommendation”, resolutions, and all actions in administrative or disciplinary matters. Section 5. Session Presider. ~ The Chairperson shall preside over the proceedings during the session. In the absence of the Chairperson, the Vice- Chairperson or, in the latter's absence, the First Regular Member shall preside. Section 6. Confidentiality of the proceedings. — The offices of the JIB are bound by strict confidentiality on any action taken by the JIB prior to the approval of the minutes of the sessions; and release of the “Final Report and Recommendation” as approved by the Supreme Court. PARTII PROCEDURES AND PROCEEDINGS BEFORE THE JIB RULE V INSTITUTION OF PROCEEDINGS Section 1. How Instituted. — Proceedings may be instituted in the JIB as follows: a. by the Supreme Court or by the RIS motu proprio; b. upon a verified complaint supported by affidavits of persons who have personal knowledge of the facts alleged therein, or by authentic documents which may substantiate said allegations; ¢. upon an anonymous complaint supported by public records of indubitable integrity, or where their material averments may easily be verified, and may be substantiated and established by other competent evidence; or 4. upon referrals of the Chief Justice, the Supreme Court En Bane or by any of its Divisions, as well as any referral of administrative bodies to the JIB, including but not limited to the Civil Service Commission,15 the Commission on Audit, the Office of the Ombudsman, or the Department of Justice. Section 2. Requisites of a Valid Complaint. — A verified complaint or an anonymous complaint shall be in writing and shall state clearly and concisely the acts and omissions constituting an administrative offense under Rule 140 of the Rules of Court, as amended, for Justices and Judges and court officials and employees; or violations of the standards of conduct prescribed in the Rules of Court, as amended, the Canons of Judicial Ethics, the Code of Judicial Conduct, the New Code of Judicial Conduct for the Philippine Judiciary, and other applicable Supreme Court issuances for Justices and Judges; and violations of the Code of Conduct for Court Personnel and other applicable Supreme Court issuances and of the Civil Service Laws and Rules for court officials and employees. Section 3. Prohibited Pleadings. — Motions for bill of particulars, clarification, dismissal, or quashal, including memoranda, are prohibited pleadings, which shall only be noted and attached to the records. Section 4. Institution of Action by the JIB. ~ The JIB may institute motu proprio in the Supreme Court any disciplinary action against any of those mentioned in Section 1 of Rule 140, as amended, on account of a conviction by the Sandiganbayan or by the regular or special courts, or on account of any charge in the Sandiganbayan or in a regular or special courts, for a felony or a crime defined by a special law. For this purpose, the JIB may direct the Clerk of Court of the court concerned the submission of @ judgment of convietion or filing of information in court for a felony or a crime defined by a special law. The JIB shall submit a Report of such conviction or criminal action to the Supreme Court within ten (10) calendar days from knowledge thereof, with a recommendation that the case be deemed as an administrative complaint and be docketed as a regular administrative case, which shall be a subject for investigation of the JIB. RULE VI PROCEDURE IN FILING, RECEIVING, AND ACTION ON COMPLAINTS Section I. Where to file Complaint. — All administrative complaints, whether verified, anonymous, or initiated by the Supreme Court or any of its offices/committees, shall be filed with the CDS of the OED which shall determine whether the complaint is sufficient in form and substance. 1.1. If the complaint is sufficient in form and substance, the CDS shall assign the docket number and require the respondent to comment thereon within ten (10) calendar days from receipt thereof.12, i= 1.4, 15. Section 2. 16 If the complainant is anonymous, the CDS shall refer it within ten (10) calendar days from receipt to the OGC for the latter’s appropriate action, including referral to the Corruption Prevention Investigation Office (CPIO) for investigation. If the complaint is not sufficient in form, but sufficient in substance, the CDS shall inform the complainant of the defects and direct the latter to cure the defects within five (5) calendar days from receipt of the directive; otherwise, the matter shall be considered closed and terminated. If the complaint is not sufficient in substance or if the issues raised are judicial in nature as when there are judicial remedies that can be availed of under the Rules of Court and/or when the exercise of respondent’s judicial discretion is being questioned, the RIS shall recommend to the OED the dismissal of the complaint without prejudice. If the respondent fails or refuses to file his or her comment on the complaint despite due notice, the CDS shall forward the records of the case to the OED within ten (10) calendar days from the expiration of the period to file comment or extension for appropriate action. Subsequent Pleadings. — All subsequent pleadings relative to the complaint shall be filed with the CDS for recording and monitoring and thereafter referred to the RIS for appropriate action. a1 N iy 23) Request for extension of time to file the comment shall be acted upon by the office where the records are. Upon receipt of the comment, the CDS shall forward the records of the case to the RIS for evaluation. Within thirty (30) calendar days from receipt of the records, the corresponding evaluation, report, and recommendation shall be submitted by the RIS to the Executive Director for review or revision. Thereafter, the Executive Director shall submit, within fifteen (15) calendar days from the RIS’ submission, the latter's report as reviewed or revised by him or her to the JIB for its appropriate action. Within an extendible period of thirty (30) calendar days from receipt of the records of the case, the JIB shall deliberate on the matter and issue its resolution and forward the same to the Supreme Court for appropriate action.2.4. 25, 2. 7 Complaints filed six (6) months before the compulsory retirement of Justices, Judges of the lower courts, the Court Administrator, Deputy Court Administrators, Assistant Court Administrators, and other court officials and personnel for an alleged administrative offense that occurred at least a year before such filing and if shown to be intended to harass and embarrass such respondent, shall be forwarded to the RIS for appropriate action. The RIS shall prepare a report to the Executive Director within fifteen (15) calendar days from receipt of such complaint recommending the dismissal thereof. If the complaint is prima facie meritorious, the RIS shall make the corresponding report to the Executive Director also within the same period of fifteen (15) calendar days from receipt of such complaint requiring the respondent to comment within ten (10) calendar days from notice of such complaint. The withdrawal of the complaint or the filing of an affidavit of desistance or motion to dismiss shall not cause the dismissal of the complaint. Where the charges could be fully borne by public records of indubitable integrity, thus needing no corroboration by evidence to be offered by the complainant, and where the matter involved is of public interest, the administrative proceedings shall proceed. Upon receipt of reports on the indictment and/or conviction of 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, including the Shari'ah District Court and 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, and employees of the lower courts before the Sandiganbayan or other courts, the CDS shall refer such reports to the Executive Director within five (5) calendar days from receipt thereof for appropriate action. A report and recommendation for the filing of appropriate charges against the respondent, submitted within fifteen (15) calendar days by the Executive Director to the JIB, shall be submitted to the Supreme Court within the period required by the JIB regarding such matter. If the respondent is charged with a crime, his or her preventive suspension from office until the termination or final outcome of the criminal cases may be recommended18 by the JIB to the Supreme Court within ten (10) calendar days from notice of the charge. The acquittal of the accused shall not automatically result in his or her exoneration from the administrative complaint if there is substantial evidence to hold him or her administratively liable. RULE VII PROCEDURE FOR RESOLUTION OF DISCIPLINARY ACTIONS. Section 1. Resolution on the Basis of Pleadings and Documents Submitted by Parties. — Any disciplinary action against any of those mentioned in Section | of Rule 140 of the Rules of Court, as amended, which can be resolved on the basis of the pleadings of the parties, documents/papers or public or court records, and/or documents or papers filed or submitted by them to the JIB, shall be deemed submitted for the preparation and submission by the JIB of its “Report and Recommendation” to the Supreme Court within an extendible period of sixty (60) calendar days from receipt of the pleadings and/or records or documents. Section 2. Formal Investigation. —\f there is a prima facie case against the respondent based on the pleadings of the parties, documents/papers or records submitted to the JIB and substantial factual issues are raised, the JIB shall recommend to the Supreme Court that the case be docketed as a regular administrative matter which shall be the subject of a formal investigation. If approved by the Supreme Court, the JIB shall conduct the formal investigation within ninety (90) calendar days from the date of its commencement, which may be extended by the Supreme Court upon request by the JIB. Section 3. Non-Interruption of Investigation. — Any disciplinary investigation shall not be interrupted by reason of withdrawal of the complaint, settlement, compromise, restitution, desistance, failure to prosecute, resignation or compulsory retirement of the respondent, transfer of residence to a foreign country, or by the death of any party, subject to exceptional circumstances as may be determined by the JIB. Section 4. Conclusion of the Case Submitted for Resolution In Disciplinary Actions, — The conclusion of a proceeding of the JIB in any case submitted to it for resolution shall be reached in consultation among its Members. ‘A Member may submit a concurring, dissenting, or separate opinion, which shall be attached to the “Final Report and Recommendation”. A certification to this effect signed by the Chairperson shall be issued and a copy thereof attached to the records of the case and served upon the parties. Any Member who took no part or abstained from a resolution must state the reason therefor.RULE VIII HEARING AND RIGHT TO COUNSEL Section 1. Hearing and Right to Counsel. ~ With due notice to the parties and his or her counsel, including the Executive Director and the General Counsel, the JIB shall set the case for preliminary conference within thirty (30) calendar days from receipt of the last pleading. The parties in the disciplinary action shall be allowed the assistance of counsel or, the General Counsel. If a party and the latter’s counsel fail to appear without just cause, the preliminary conference shall proceed ex parte. Section 2. Procedure. — The parties may present documentary evidence, object evidence, and testimonial evidence in the form of affidavits, which may serve as the direct testimony of the witnesses. If the party or his or her witnesses present a judicial affidavit, the same must comply with the requirements set forth in the Judicial Affidavit Rule. An adverse party, through counsel, may cross-examine the other party or parties or their witness/es on the affidavits and on the attached exhibits. Section 3. Failure to Comply with the JIB’s Orders. — When any of its orders has not been complied without any justifiable cause, the JIB may refer the matter to the Supreme Court the corresponding contempt proceedings. RULE IX PREVENTIVE SUSPENSION Section 1. Preventive Suspension of the Respondent. ~ The JIB may, motu proprio or upon motion of the complainant, recommend to the Supreme Court the issuance of an order for the preventive suspension of the respondent for a period of not more than sixty (60) calendar days without pay and other mandatory benefits. Should a longer period be required for the investigation of the case, the JIB may request for an extension of thirty (30) calendar days. Section 2. Grounds. ~The grounds of preventive suspension are: a. the offense involved is a serious charge under Section 22 of Rule 140 of the Rules of Court, as amended, or the Civil Service Laws and Rules: b. to enable the JIB to conduct an unhampered formal investigation of the disciplinary action; c. to prevent a crisis or disharmony in various courts;20 a . to shield the public from any further damages that the continued exercise by the respondent of the functions of his office may cause, in the offense charged, particularly when a serious charge is involved; e. to protect the image of the Courts as temples of justice; £ where there is a strong likelihood of his guilt or complicity; or . the continued presence of the respondent in the office may prejudice the just, fair, and independent disposition of the case. we Section 3. Effects of Exoneration, — If exonerated in the disciplinary action, the respondent shall be reinstated to the previous item or former post without loss of seniority right and he or she shall be entitled to the payment of back salaries and other benefits accrued during the entire period of preventive suspension RULE X SPECIAL PROVISIONS ON DISCIPLINARY CASES. Section 1. Action Filed Before Compulsory Retirement. ~ If a disciplinary action is filed with the JIB within six (6) months before the compulsory retirement of the respondent for an alleged cause of action that occurred at least one (1) year prior to the filing of the complaint, and shown prima facie that it is intended to harass and embarrass the respondent, the JIB shall recommend to the Supreme Court that the complaint be dismissed and that the complainant be cited for indirect contempt. If such is not the case, the JIB shall cause the service of a copy of the complaint on the respondent and require the latter to file his or her answer thereto or comment thereon within ten (10) calendar days from notice of such complaint. The JIB shall submit to the Supreme Court its “Report and Recommendation” not later than an extendible period of sixty (60) calendar days from receipt of the answer or comment of the respondent. Section 2. Complaint Filed by a Lawyer. — If the complainant is a lawyer and it is shown that the disciplinary action is intended to harass and embarrass the respondent, the JIB shall dismiss the complaint and require the complainant 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 and recommend the referral of the matter to the Office of the Bar Confidant and the Integrated Bar of the Philippines for proceedings under Rule 139-B of the Rules of Court, as amended. Section 3. Disciplinary Actions Considered as Disciplinary Actions against Members of the Philippine Bar. — An administrative case against any of those mentioned in Section | of Rule 140 of the Rules of Court, as21 amended, based on grounds which are likewise grounds for disciplinary actions for the members of the Philippine Bar, under Section 27, Rule 138 of the Rules of Court, as amended, or violation of the Lawyer's Oath, the Code of Professional Responsibility, the Canons of Professional Ethics, or such other forms of breaches of conduct that have been traditionally recognized as grounds for the discipline of lawyers, shall be considered as a disciplinary action against the respondent as a member of the Philippine Bar. Such disciplinary action may be referred by the JIB to the Office of the Bar Confidant and the Integrated Bar of the Philippines for appropriate action. PART IIL CLASSIFICATION OF CHARGES AND SANCTIONS, RULE XI CLASSIFICATION OF CHARGES Section 1. Classification of Charges. ~ Administrative charges are classified as serious, less serious, or light. a. Serious Charges — Serious charges include: (1) Bribery, direct or indirect; (2) Dishonesty and violations of the Anti-Graft and Corrupt Practices Act (R.A. No. 3019); (3) Gross misconduct constituting violation 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22 (11) Alcoholism and/or vicious habits, and use of illegal drugs or substance b. 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 the Code of Judicial Conduct for Court Personnel and Supreme Court rules, directives, and circulars; (5) Receiving additional or double compensation unless specifically authorized by law; (6) Untruthful statements in the certificate of service; and (7) Simple misconduct constituting violation of the Code of Judicial Conduct or of the Code of Judicial Conduct for Court Personnel, and less grave offenses under the Civil Service Laws and Rules. c. 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 the court; (4) Undue delay in the submission of monthly reports; and (5) Light offenses under the Civil Service Laws and Rules. RULE XI SANCTIONS Section 1. Sanction; Serious Charge. — If the respondent is guilty of a serious charge, any of the following sanctions may be recommended by the JIB to the Supreme Court: a. Dismissal from the service, forfeiture of all or part of the benefits as the Court may determine, and disqualification from reinstatement or23 appointment to any public office, including government-owned or controlled corporations. Provided, however, that the forfeiture of benefits shall in no case include accrued leave credits; b. Suspension from office without salary and other benefits for more than three (3) but not exceeding six (6) months; or c. A fine of more than P20,000.00 but not exceeding P40,000.00. Section 2, Sanction; Less Serious Charge. — If the respondent is guilty of a less serious charge, any of the following sanctions may be recommended: a. Suspension from office without salary and other benefits for not less than one (1) nor more than three (3) months; or b. A fine of more than P10,000.00 but not exceeding 20,000.00. Section 3. Sanction; Light Charge. — If the respondent is guilty of a light charge, any of the following sanctions may be recommended: a. A fine of not less than P1,000.00 but not exceeding P10,000.00 and/or; b. Censure; c. Reprimand; or d. Admonition with warning. PART IV. OTHER PROVISIONS. RULE XU RAFFLE OF DISCIPLINARY ACTIONS AND ADMINISTRATIVE MATTERS Section 1. Raffle Committee. — There shall be a “Raffle Committee” in the JIB to conduct the raffle of the “Reports and Recommendations” of the Executive Director in disciplinary cases/actions as well as matters requiring urgent action by the JIB. ‘The “Raffle Committee” is composed of the Chair of the JIB, as Chairperson; and the Vice-Chairperson of the JIB and a Member of the JIB to be designated by the Chairperson as members thereof, Section 2. Raffle of Cases. — Every “Report and Recommendation” of the Executive Director in disciplinary actions/referrals shall be raffled among the Members including the Chairperson and Vice-Chairperson of the JIB. ‘The Member-in-Charge to whom a case is raffled shall oversee its progress24 and disposition unless for valid reasons, such as inhibition, expiration of the term of the Member-in-Charge, promotion, or cessation of membership in the JIB in which instances, the case has to be re-raffled, unloaded, or assigned to another Member of the JIB who is not a member of the Raffle Committee. Section 3. Conduct of the raffle. — The JIB shall use a reasonably acceptable random raffle device under a system that shall ensure the fair and equitable distribution of case load among all its Members. Section 4. Raffle Secretariat. — The Court Attorney VI, from the staff of the Chairperson shall serve as the Secretary of the “Raffle Committee” of the JIB. He or she shall be assisted by a lawyer from the OED of the JIB who shall be responsible for the preparation of the calendar of the Agendum for the recording of the raffle proceedings, the preparation and submission of minutes thereon to the Chairperson, the issuance by the JIB of the requisite notices for the raffle of the cases to the parties and/or their counsel, and such other tasks assigned by the JIB or the Chairperson thereof. The staff of the Raffle Committee must be under the direct control and supervision of the Chairperson. Section 5. Schedule of Raffle. — Regular raffle of disciplinary actions and administrative matters shall be held, on Mondays at 2:00 in the afternoon, with due notice to the parties concerned and their counsel, until the raffle shall have been accomplished. A special raffle may be scheduled by the Chairperson with due notices to the parties concerned. The raffle of cases shall be open to the public. Members of the JIB who are on wellness leave or who are on approved vacation or sick leave for at least fifteen (15) calendar days prior to the raffle shall be exempt from raffle. The Raffle Committee shall be furnished with a copy of the written notice of his or her absence before the raffle. Members whose terms of office will expire within three (3) months from the date of the raffle shall be excluded from the raffle If the Chairperson, Vice-Chairperson or Member of the JIB to whom a disciplinary action is raffled voluntarily inhibits himself or herself, or is disqualified, the Member of the JIB to whom the case is re-raffled may transfer to the former a case of similar in nature and status as replacement thereof. Section 6. Special raffle of cases. — Should a petition for the preventive suspension of the respondent in disciplinary cases be filed with the JIB, while the “Report and Recommendation” of the Executive Director to the JIB is still pending; or, an initiatory pleading praying for the issuance of a25 temporary restraining order or a writ of preliminary injunction is filed in the Supreme Court or in the Appellate Courts, against the JIB, and the case or initiatory pleading cannot be included in the regular raffle of the JIB, the “Executive Director” shall immediately call the attention of the Chairperson of the JIB or, in the latter’s absence, the Vice-Chairperson of the JIB, or the most senior Member of the JIB present of the aforesaid petition. The Chairperson or Vice-Chairperson of the JIB may direct the conduct of a special raffle, in the presence of the Executive Director or Vice Executive Director of the JIB or any representative thereof. In the special raffle of cases, the Secretary of the JIB shall furnish the Member-in-Charge, to whom the case is raffled, records of the case and copies of the result of the special raffle in an envelope marked "RUSH" and a copy of the petition filed in the Supreme Court and the latter's referral to the JIB for appropriate action and recommendation. Section 7. Grounds for Inhibition. — A IIB Member or Executive Official who is related to either party in the case within the sixth degree of consanguinity or affinity or to a counsel within the fourth degree, computed according to the Rules of Civil Law, shall inhibit from a case. A JIB Member or Executive Official may also inhibit for any other compelling reason. RULE XIV MISCELLANEOUS PROVISIONS Section 1. Transitory Provisions. ~ Within ninety (90) calendar days from the effectivity of these Rules, the Presiding Justices of the Sandiganbayan, Court of Appeals, Court of Tax Appeals, and the Court Administrator shall submit to the JIB all the records and evidence of pending disciplinary actions against the following: 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 Shari'ah Circuit Court Judges, charged with serious charges under Rule 140 of the Rules of Court, as amended; 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. For those cases that are already submitted for resolution, the Presiding Justices of the Sandiganbayan, Court of Appeals and Court of Tax Appeals, and the Court Administrator shall submit their “Report and Recommendation” to the JIB.26 Pending the funding of the permanent plantilla positions of the JIB under the Resolution of the Supreme Court En Banc in A.M. No. 18-01-05-SC dated October 6, 2020, a sufficient number of court attorneys and other personnel in the OCA Legal Office shall be temporarily transferred to the JIB and they shall continue to perform their usual functions and duties or such other tasks as may be directed by the JIB. Section 2. Official Logo. — The official logo of the JIB shall be of standard size, with a blindfolded lady justice inside an oval with the words “SUPREME COURT OF THE PHILIPPINES” in the upper margin and the words “JUDICIAL INTEGRITY BOARD” in the lower margin. Section 3. Repealing Clause. — All administrative circulars, issuances, and orders that are inconsistent with the provisions of these Rules are hereby amended and/or repealed. Section 4. Flexibility Clause. ~ The JIB shall provide rules to govern situations not specifically provided for or foreseen under these Rules, as it may deem necessary, after appropriate consultations as needed. Section 5. Effectivity Clause. ~ These Rules shall take effect on February 1, 2021 following its publication in two (2) newspapers of general circulation. It shall also be uploaded to the Supreme Court website http://se,judiciary.gov.ph.