Remedial Law, Legal and Judicial Ethics, with Practical Exercises › Legal and Judicial Ethics › Legal Ethics (CPRA) › Prohibitions and Restrictions on the Practice of Law
d. Justices, Judges, and Court Employees (CJCA, Canon IV, Secs. 16 and 19; 2025 Code of Conduct and Accountability for Court Officials and Personnel, AM 25-06-11-SC, Canon II, Secs. 8–9)
Power to Discipline Judiciary Employees for Non-Compliance with Rules and Regulations
The CSC has administrative jurisdiction over the civil service. However, the Constitution provides that the Supreme Court is given exclusive administrative supervision over all courts and judicial personnel. Only the Supreme Court that can oversee the judges’ and court personnel’s compliance with all laws, rules and regulations. No other branch of government may intrude into this power, without running afoul of the doctrine of separation of powers.
Administrative jurisdiction over a court employee belongs to the Supreme Court, regardless of whether the offense was committed before or after employment in the judiciary. (Sarah Ampong v. CSC, GR No. 167916, 26 August 2008).
Judge
A public officer appointed to preside over a court for the purpose of administering the law.
Although the terms have often been erroneously used interchangeably, they are not strictly synonymous as they have the following distinctions:
| COURT | JUDGE |
| A tribunal officially assembled under authority of law; an office | Is simply and officer of such tribunal; a public officer |
| An organ of the government with a personality separate & distinct from the judge | Person who sits on the court |
The continuity of a court and the efficacy of its proceedings are not affected by the death, resignation, or cessation from the service of the judge presiding over it. In other words, the judge may resign, become incapacitated, or be disqualified to hold office, but the court remains.
Exception
Not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute.
Note: The indemnity shall include moral damages. Exemplary damages may also be adjudicated.
Serious charges
- Bribery, direct or indirect;
- Dishonesty and violations of the Anti-Graft and Corrupt Practices Law (R.A. No. 3019);
- Gross misconduct constituting violations of the Code of Judicial Conduct;
- Knowingly rendering an unjust judgment or order as determined by a competent court in an appropriate proceeding;
- Conviction of a crime involving moral turpitude;
- Willful failure to pay a just debt;
- Borrowing money or property from lawyers and litigants in a case pending before the court;
- Immorality;
- Gross ignorance of the law or procedure;
- Partisan political activities; and
- Alcoholism and/or vicious habits
Light charges
- Vulgar and unbecoming conduct;
- Gambling in public;
- Fraternizing with lawyers and litigants with pending case/cases in his court; and
- Undue delay in the submission of monthly reports.
NOTE: The enumerated acts constituting serious, less serious, and light charges or administrative offenses, respectively, are not exclusive. (Agpalo, 2009)
SUPREME COURT
Authorities
- 1987 Constitution
- Agpalo
- Ampong v. CSC, G.R. No. 167916, 26 August 2008