FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES) 
First Regular Session 
) 
SENATE 
S.NO. 249 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
EXPLANATORY NOTE 
Article VIII, Section 3 of the 1987 Constitution articulates that a member of the Judiciary must 
be a person of proven competence, integrity, probity, and independence. Furthermore, Article II 
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 
surveys show the growing salience of members of the judiciary who circumvent the 
aforementioned law, thus, compromising the integrity and reputation of the country's judicial 
system. 
The Transparency International (TI) ranked the country's judiciary as among the most conupt in 
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 
problems in these systems. The recent controversy sUlTounding the Court of Appeals further 
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 conuption within the judiciary undermines its ability to enforce 
and maintain the legitimacy of the rule oflaw, which subsequently undermines the stability and 
effectiveness of the government and prevents eco!lomic development of the State.,,1 
In this light, this measure seeks to establish mechanisms for the detection and prevention of (l) 
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: (l) 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. 
o 
"sJ;~:t~s 
IV 
Senator 
Information 
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1 


FIFTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
First Regular Sessiou 
) 
SENATE 
S. *0. 249 
Introduced by Senator Antonio "Sonny" F. Trillanes IV 
AN ACT 
TO ENHANCE TRANSPARENCY AND 
ETHICS IN THE JUDICIARY BY 
ESTABLISHING AN OFFICE OF INSPECTOR GENERAL FOR THE JUDICIAL 
BRANCH, DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS 
THEREFOR, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Judicial Transparency and 
2 
Ethics Enhancement Act. " 
3 
4 
SEC .. 2. Establishment. - There is established for the judicial branch of the government 
5 
the Office ofInspector General for the Judicial Branch (hereinafter referred to as the "Office"). 
6 
SEC. 3. Appointment, Term, and Removltl of Inspector General. -
7 
8 
a. 
Appointment - The head of the OffIce shall be the Inspector General, who shall be 
9 
appointed by the Chief Justice. 
10 
b. 
Term - The Inspector General shall serve for a term of four (4) years and may be 
11 
reappointed by the Chief Justice for any number of additional terms. 
12 
c. 
Removal - The Inspector General may be removed from office by the Chief 
13 
Justice. The Chief Justice shall communicate the reasons for any such removal to both Houses of 
14 
Congress 
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1 
SEC. 4. Duties. - With respect to the judicial branch, the Office shall -
2 
(1) conduct investigations of alleged misconduct in the judicial branch (other than the 
3 
Supreme (::ourt), that may require oversight or other action within the judicial branch or by 
4 
Congress; 
5 
(2)" conduct investigations of alleged misconduct in the Supreme Court, that may require 
6 
oversight or other action within the judicial branch or by Congress; 
7 
(3) conduct and supervise audits and investigations; 
8 
(4) prevent and detect waste, fraud, and abuse; and 
9 
(5) recommend changes in laws or regulations governing the judicial branch. 
10 
11 
SEC. 5. Powers and Limitations. -
12 
(a) Powers- In carrying out the duties of the Office, the Inspector General shall have the 
13 
power to -
14 
(1) make investigations and reports; 
15 
(2) obtain information or assistance from any national or local governmental agency, 
16 
or other entity, or unit thereof, including all information kept in the course of business by 
17 
the Judicial and Bar Council, and the Integrated Bar of the Philippines; 
18 
(3) require, by subpoena or otherwise, the attendance and testimony of such 
19 
witnesses, and the production of such books, records, correspondence memoranda, 
20 
papers, and documents, which subpoena, in the case of contumacy or refusal to obey, 
21 
shall be enforceable by civil action; 
22 
(4) administer to or take from any person an oath, affirmation, or affidavit; 
23 
(5) employ such officers and employees, governing appointments in the competitive 
24 
servlce; 
25 
(6) the extent and in such amounts as may be provided in advance by appropriations 
26 
Acts, to enter into contracts and other arrangements for audits, studies, analyses, and 
27 
other services with public agencies and with private persons, and to make such payments 
28 
as may be necessary to carry out the duties of the Office. 
29 
(b) Lilllitations - The Inspector General shall not have the authority to -
2 


I 
(I) investigate or review any matter that is directly related to the merits of a decision 
2 
or procedural ruling by any judge, justice, or court; or 
3 
(2) punish or discipline any judge, justice, or court. 
4 
SEC. 6. Reports. -
5 
(a) When to be Made - The Inspector General shall-
6 
(I) make an annual report to the Chief Justice and to Congress relating to the 
7 
activities of the Office; and 
8 
(2) make prompt reports to the Chief Justice and to Congress on matters that may 
9 
require action by the Chief Justice or Congress. 
10 
(b) Sensitive Matter - If a report contains sensitive matter, the Inspector General may so 
II 
indicate and Congress may receive that report in closed session. 
12 
(c) Duty To Inform Attorney General - In carrying out the duties of the Office, the 
13 
Inspector General shall report expeditiously to the Attorney General whenever the Inspector 
14 
General has reasonable grounds to believe there has been a violation of Federal criminal law. 
, 
15 
16 
SEC. 7. Whistleblower Protection. - (a) In General- No officer, employee, agent, 
17 
contractor or subcontractor in the judicial branch may discharge, demote, threaten, suspend, 
18 
harass or in any other manner discriminate against an employee in the terms and conditions of 
19 
employment because of any lawful act done by the employee to provide information, cause 
20 
information to be provided, or otherwise assist in an investigation regarding any possible 
21 
violation of law or regulation, or misconduct, by a judge, justice, or any other employee in the 
22 
judicial branch, which may assist the Inspector General in the performance of duties under this 
23 
chapter. 
24 
(b) Civil Action- An employee injured by a violation of subsection (a) may, in a civil 
25 
action, obtain appropriate relief. 
26 
27 
SEC. 8. Separability Clause. - If any proVISIOn or part hereof is held invalid or 
28 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
29 
valid and subsisting. 
3 


, 
1 
SEC. 9. Repealing Clause. -
Any law, presidential decree or issuance, executive order, 
2 
letter of instruction, administrative order, rule or regulation contrary to, or inconsistent with, the 
3 
provisions of this Act, is hereby repealed, modified, or amended accordingly. 
4 
5 
SEC. 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
6 
complete publication in the Official Gazette or in at least two (2) newspapers of general 
7 
circulation. 
Approved, 
4