FOURTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHLLIPPINES ) 
Second Regular Session 
) 
$q:z.c:z:vl..o w :  
SENATE 
i 1  
._+ 
S.NO. 3295 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
**-<irk VIE, Secti!x 3 c?f the 1987 Cn&%tion 
?rticll!'tps th& n mpml.er 2f the >X!iciq m n s t  
be a person of proven competence, integrity, probity, and independence. Furthermore, Article I1 
Section 27 of the same provides that the State shall maintain honesty and integrity in the public 
service and take positive and effective measures against graft and corruption. However, recent 
aforementioned law, thus, compromising the integrity and reputation of the country's judicial 
system. 
U L U ' V J "  
n..rrr~rm 
"h... U I I V Y "  *e gmiiig sdiczcc G f  ExEbeYg of thc jii&chy V<hG circ&iVciit thc 
TX-rp ^_.._.__.._..^_. 
T _ _ I  ^....^ 
*: -.--, 
ImT\ 
-,.-,A,-- 
___.__ 
*.-.,-:..a:-: 
~ 
,. ,.... _ _ ^ I  
r:.. 
l l l C  1latlS~UICllb'j lIILGIIIUIUII(u [ 11) I ( t l ~ W  
UIC bUlUlUy 5 JUUlbI(tlY (w (tlllU11~ LIIG IIIUSL bUIIUpL 111 
the world, on a par with low income countries such as Bangladesh, Laos, Cambodia and Nepal, 
among others. TI notes that in 2005, more than 800,000 cases were pending in the Philippines. It 
puts forward that faulty accountability system and lack of transparency are among the persistent 
probierns in hese systems. I
U
~
 
receni tioniroversy surrounding ihe Court oT Appeais ikiher 
eroded what is left of our justice system's smeared reputation. Allegations of bribery, graft, and 
other external influences plague the system. There is therefore an exigency for the government to 
swiftly pursue appropriate judicial reforms, and mete out appropriate penalties against erring 
magistrates. "A perception of corruption within the judiciary undermines its abiiity to enforce 
and maintain the legitimacy of the rule of law, which subsequently undermines the stability and 
effectiveness of the government and prevents economic development of the State."' 
-. 
In this tight, this measure seeks to establish mechamsms for the detecbon and prevention of (1) 
inappropriate judicial conduct, (2) illegal activity, (3) actions that undermine the judicial 
machinery, and (4) violations of the Code of Ethics. This measure shall create an Office of the 
Inspector General and shall require the Office to: (1) conduct investigations of alleged 
misconduct in the Judicial branch; (2) conduct and supervise audits and investigations; and (3) 
prevent and detect waste, fraud, and abuse. The bill shall also provide for whistleblower 
protection. It is hoped that this measure will finally put a halt to judicial abuses that prevent our 
legal machinery from working in its proper course. 
In view of the foregoing, immediate approval of this measure is earnestly sought 
&-+it+ 
0 IO "SONNY" F. TRILLANES IV 
Senator 
1 
Information 
retrieved 
from: 
htt~://209.85.175.132/custom?a=cache:a7BvOLfz6- 
UJ:etd.esu.edu/theses/available/etd-O4202005 
lnk&cd=3&client=~uh-8993703457585266. Retrieved on 11 March 2009. 
:


1 
2 
3 
4 
5 
6 
7 
0 
0 
9 
10 
11 
12 
13 
,” 
1- 
15 
,L 
I U  
17 
SENATE 
~~~~~~~ 
F X  
d 
s.i.0. 3295 
Introduced by Senator Antonio “Sonny” F. Trillanes IV 
SECTION 1. Short Title. -This Act shall be known as the “Judicial Transparency and 
EGiics Ziiiiitiieeiiteiit Act. ” 
SZC. 2. E.G&liSAiiieiti. - There is established for the judicid bigiich o f i k  g~emiiieiii 
the Office of Inspector General for the Judicial Branch (hereinafter referred to as the “Ofice”). 
SEC. 3. Appointment, Term, and Removal of Inspector General. - 
a. Appoitibiieiii - The hiid of the GfEce did: be the Inspector Genera:, who shdl bi appointed 
by the Chief Justice of the Supreme Court after consultation with the majority and minority 
ieadeis ofthe Senate aid the Speaker aid iiiiiioiity leader oftlie House of Repieseiiiatives. 
b. Term - The Inspector General shall serve for a term of four (4) years and may be reappointed 
b..a- r* 
C T . - L -  
c L - T T . - : ~ -  
or I -  r 
y LIIG d i e l  JuirsiiLc 01 tiic UIIILC~ 
aaics IUI aity uuiiibei of ad&iipiid tiniis. 
c. Removal - The Inspector General may be removed from office by the Chief Justice of the 
Uiiited States. The Clkf Justice didi coiiiiii-micate tlie ieasoiis for tiliy sui% ieiiiod io hili 
Houses of Congress 
1 


1 
SEC. 4. Duties. - With respect to the judicial branch, the Office shall - 
2 
3 
(i-) cendwt in~estigatims of &i.ged mis~&t 
in t k  j&kiai. branch ( e k r  than taw Supreme 
Court), that may require oversight or other action within the judicial branch or by Congress; 
4 
5 
(2) cmdwt investigatkns ~f ai&&& misconduct ia the Supreme C&, 
that nay reqttire 
oversight or other action within the judicial branch or by Congress; 
7 
(4) prevent and detect waste, fraud, and abuse; and 
9 
11 
IL. 
p J W G 1  tu- 
(a) Powers- In carrying out the duties of the Office, the Inspector General shall have the 
1 0  
___..^I 
A- 
13 
(1) make investigations and reports; 
14 
15 
(2) *in 
im-matian or assistance &om any national (pf lmai pwnunentai agency, or O
~
F
 
entity, or unit thereof, including all information kept in the course of business by the Judicial and 
16 
8ar COWC~I, 
and the Iiiiepated Ear oftlie Phiiippiiies; 
17 
(3) require, by subpoena or otherwise, the attendance and testimony of such witnesses, and the 
18 
produGtiiOii of Such books, r2.COidS, COiieSpoiidenGe iiieiiiOTaiidi3, papers, aid dOCUiieiitS, whkh 
19 
subpoena, in the case of contumacy or refusal to obey, shall be enforceable by civil action; 
21 
(5) employ such officers and employees, governing appointments in the competitive service; 
2 


5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
i8 
19 
20 
21 
22 
23 
(6) the extent and in such amounts as may be provided in advance by appropriations Acts, to 
eiitei into coiitracts aid oiliei aiiaiigeiiients foi audits, studies, aiidyses, and other senices with 
public agencies and with private persons, and to make such payments as may be necessary to 
c a r j  out the duties ofthe Office. 
(b) Limitations - The Inspector General shall not have the authority to - 
(ij investigate cw re3.7iew any matter tkt is directly ~elatd te the me& of a decision 5~ 
procedural ruling by any judge, justice, or court; or 
(2) p i s h  or disciphe any judge, justice, OF cmm. 
(a) When to be Made - The Inspector General shall - 
f i) make an muaI report t~ the Chief Jwtice and %e Cmg~ess reiatinng to the activities ef 
the Office; and 
@) make p~ompt reports to tA& Chief Justice a& to Cmgess m matters that m y  reqnite 
action by the Chief Justice or Congress. 
@) Sensiri3.e M s ~ ~ F  
- If it rep@ cmtains sensitive matter, the Inspector General may so 
indicate and Congress may receive that report in closed session. 
(cj Duty T5 I n f m  Ammey ckneral - In caFying wt the duties of the office, the Inspector 
General shall report expeditiously to the Attorney General whenever the Inspector General has 
ieas0iiabj:e gottiids to believe theie lias keii B viokdimi ofFedei.a: criiiiiiid law. 
SEC. 7. Whistleblower Protection. - (a) In General- No officer, employee, agent, 
coiiiractor or snbcoiliia&r 
iii $lie jU&cja; biaiicli iiiay 
demote, i;-ae&ii, s~speiid, 
harass or in any other manner discriminate against an employee in the terms and conditions of 
3 


1 
employment because of any lawful act done by the employee to provide information, cause 
2 klfoniiatioii io be piOvided, 
ot;ie..ise assist in ai iiiv&@iOii 
iega-&ii:iiiy afiy poss&,:e 
3 
violation of law or regulation, or misconduct, by a judge, justice, or any other employee in the 
4 
j~dicial biaiidi, wliicli iiiay assist the IiijpeciOi Geiieia1 in the perfoj-iiiaice of &ttiej iiridei this 
5 
chapter. 
8 
9 
SEC. 8. Separability Clause. - If any provision or part hereof is held invalid or 
, A  
1 v 
uiiconsiituiioilaal, Ilie reiiiaiiidei of ilie law or tlie piovishii iiot otlieiwist: tiffecied shall reiiiaiii 
11 
valid and subsisting. 
I2 
13 
4 ”  
1 9  
15 
16 
17 
( 0  
10 
19 
circulation 
SEC. 9. Repealing Clause. - Any law, presidential decree or issuance, executive order, 
letter of iiijtiiictioii, adiiiiiiisiiative order, d e  oi iC&iiioii coiitiav io, oi iiicoiisisteiit %iili, the 
provisions of this Act, is hereby repealed, modified, or amended accordingly. 
SEC. 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
C0iiip:ek pUb:iCaikXi iii the Gj@ial i;meiie O i  iii at :easi two (2) iieWSppHS O f  geiieid 
Approved, 
4