Excerpts from the Rules of the JBC
(JBC – 009 promulgated October 18, 2000)

RULE 3 - COMPETENCE OF APPLICANTS

SECTION 1. Guidelines in determining competence. - In determining the competence of the applicant or recommendee for appointment, the Council shall consider his educational preparation, experience, performance and other accomplishmentsincluding the completion of the prejudicature program of the Philippine Judicial Academy; provided, however, that in places where the number of applicants or recommendees is insufficient and the prolonged vacancy in the court concerned will prejudice the administration of justice, strict compliance with the requirement of completion of the prejudicature program shall be deemed directory." (Effective Dec. 1, 2003)

SEC. 2. Educational preparation. - The Council shall evaluate the applicant's (a) scholastic record up to completion of the degree in law and other baccalaureate and post-graduate degrees obtained; (b) bar examination performance; (c) civil service eligibilities and grades in other government examinations; (d) academic awards, scholarships or grants received/obtained; and (e) membership in local or international honor societies or professional organizations.

SEC. 3. Experience. - The experience of the applicant in the following shall be considered: (a) Government service, which includes that in the Judiciary (Court of Appeals, Sandiganbayan, and courts of the first and second levels); the Executive Department (Office of the President proper and the agencies attached thereto and the Cabinet); the Legislative Department (elective or appointive positions); Constitutional Commissions or Offices; Local Government Units (elective and appointive positions); and quasi-judicial bodies. (b) Private Practice, which may either be general practice, especially in courts of justice, as proven by, among other documents, certifications from Members of the Judiciary and the IBP and the affidavits of reputable persons; or specialized practice, as proven by, among other documents, certifications from the IBP and appropriate government agencies or professional organizations, as well as teaching or administrative experience in the academe; and (c) Others, such as service in international organizations or with foreign governments or other agencies.

SEC. 4. Performance. - (a) The applicant who is in government service shall submit his performance ratings, which shall include a verified statement as to such performance for the past three years. (b) For incumbent Members of the Judiciary who seek a promotional or lateral appointment, performance may be based on landmark decisions penned; court records as to status of docket; reports of the Office of the Court Administrator; verified feedback from the IBP; and a verified statement as to his performance for the past three years, which shall include his caseload, his average monthly output in all actions and proceedings, the number of cases deemed submitted and the date they were deemed submitted, and the number of his decisions during the immediately preceding two-year period appealed to a higher court and the percentage of affirmance thereof.

SEC. 5. Other accomplishments. - The Council shall likewise consider other accomplishments of the applicant, such as authorship of law books, treatises, articles and other legal writings, whether published or not; and leadership in professional, civic or other organizations.

RULE 4 - INTEGRITY

SECTION 1. Evidence of integrity. - The Council shall take every possible step to verify the applicant's record of and reputation for honesty, integrity, incorruptibility, irreproachable conduct, and fidelity to sound moral and ethical standards. For this purpose, the applicant shall submit to the Council certifications or testimonials thereof from reputable government officials and non-governmental organizations, and clearances from the courts, National Bureau of Investigation, police, and from such other agencies as the Council may require.

SEC. 2. Background check. - The Council may order a discreet background check on the integrity, reputation and character of the applicant, and receive feedback thereon from the public, which it shall check or verify to validate the merits thereof.

SEC. 3. Testimony of parties.- The Council may receive written opposition to an applicant on ground of his moral fitness and, at its discretion, the Council may receive the testimony of the oppositor at a hearing conducted for the purpose, with due notice to the applicant who shall be allowed to cross-examine the oppositor and to offer countervailing evidence.

SEC. 4. Anonymous complaints. - Anonymous complaints against an applicant shall not be given due course, unless there appears on its face a probable cause sufficient to engender belief that the allegations may be true. In the latter case, the Council may either direct a discreet investigation or require the applicant to comment thereon in writing or during the interview.

SEC. 5. Disqualification. - The following are disqualified from being nominated for appointment to any judicial post or as Ombudsman or Deputy Ombudsman: 1. Those with pending criminal or regular administrative cases; 2. Those with pending criminal cases in foreign courts or tribunals; and 3. Those who have been convicted in any criminal case; or in an administrative case, where the penalty imposed is at least a fine of more than P10,000, unless he has been granted judicial clemency.

SEC. 6. Other instances of disqualification.- Incumbent judges, officials or personnel of the Judiciary who are facing administrative complaints under informal preliminary investigation (IPI) by the Office of the Court Administrator may likewise be disqualified from being nominated if, in the determination of the Council, the charges are serious or grave as to affect the fitness of the applicant for nomination. For purposes of this Section and of the preceding Section 5 insofar as pending regular administrative cases are concerned, the Secretary of the Council shall, from time to time, furnish the Office of the Court Administrator the name of an applicant upon receipt of the application/recommendation and completion of the required papers; and within ten days from receipt thereof the Court Administrator shall report in writing to the Council whether or not the applicant is facing a regular administrative case or an IPI case and the status thereof. In regard to the IPI case, the Court Administrator shall attach to his report copies of the complaint and the comment of the respondent.

RULE 5 - PROBITY/INDEPENDENCE

SECTION 1. Evidence of probity and independence.- Any evidence relevant to the candidate's probity and independence such as, but not limited to, decisions he has rendered if he is an incumbent member of the judiciary or reflective of the soundness of his judgment, courage, rectitude, cold neutrality and strength of character shall be considered.

SEC. 2. Testimonials of probity and independence. - The Council may likewise consider validated testimonies of the applicant's probity and independence from reputable officials and impartial organizations.

RULE 6 - SOUND PHYSICAL, MENTAL and EMOTIONAL CONDITION

SECTION 1. Good health. - Good physical health and sound mental/psychological and emotional condition of the applicant play a critical role in his capacity and capability to perform the delicate task of administering justice. The applicant or the recommending party shall submit together with his application or the recommendation a sworn medical certificate or the results of an executive medical examination issued or conducted, as the case may be, within two months prior to the filing of the application or recommendation. At its discretion, the Council may require the applicant to submit himself to another medical and physical examination if it still has some doubts on the findings contained in the medical certificate or the results of the executive medical examination.

SEC. 2. Psychological/psychiatric tests. - The applicant shall submit to psychological/psychiatric tests to be conducted by the Supreme Court Medical Clinic or by a psychologist and/or psychiatrist duly accredited by the Council.