b. Discipline and Dismissal of Judges of Lower Courts (Const., Art. VIII, Secs. 6 and 11)

Authority to discipline

• Administrative supervision over all courts and the personnel; and (Sec. 6, Art. VIII, 1987 Constitution)
• Power to discipline judges of lower courts, or order their dismissal by a vote of a majority of the Members en banc who actually took part in the deliberations on the issues in the case and voted thereon. (Sec. 11, Art. VIII, 1987 Constitution)

Only the Supreme Court can oversee compliance with the law and the Rules of Court on the part of the Presiding Justice of the Court of Appeals down to the lowest municipal trial court judge, and take the proper administrative action against them if they commit any violation thereof, requiring supervisory or administrative sanction (Maceda v. Vasquez, G.R. No. 102781, 22 Apr. 1993)

NOTE: Members of the Supreme Court, the Constitutional Commissions, and the Ombudsman may be removed from office through impeachment. All other members of the judiciary may be removed from office as provided by law, but not by impeachment. (Sec. 2, Art. XI, 1987 Constitution)

IMPEACHMENT

Proceedings for the discipline of Lower Court Judges and Justices

• Instituted motu proprio by the Supreme Court;
• Upon a verified complaint supported by affidavits of persons who have personal knowledge of the facts alleged therein or by documents which may substantiate said allegations; or
• Upon anonymous complaint, supported by public records of indubitable integrity.

NOTE: The complaint shall be in writing and shall state clearly and concisely the acts and omissions constituting violations of standards of conduct prescribed for judges by law, the Rules of Court, or the Code of Judicial Conduct (Sec. 1, Rule 140, Rules of Court)

SANCTIONS IMPOSED BY THE SUPREME COURT ON ERRING MEMBERS OF THE JUDICIARY

Consequence of Issuance of TRO Against Government Infrastructure Projects

Any judge who shall issue the same in violation of Sec. 3 shall suffer the penalty of suspension of at least 60 days without pay, in addition to any civil or criminal liabilities he or she may incur under existing laws. (R.A. No. 8975, Sec. 6).