Professional Documents
Culture Documents
Judicial Ethics Reviewer
Judicial Ethics Reviewer
A. SOURCES:
1. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft)
2. Code of Judicial Conduct
B. QUALITIES:
1. Independence- pre-requisite for the rule of law and fundamental guarantee of
a fair trial (Canon 1).
a. Individual judicial independence- focuses on each particular case and
seeks to insure his or her ability to decide cases with autonomy within the
constraints of the law
b. Institutional judicial independence- focuses on the independence of the
judiciary as a branch of government and protects judges as a class
Judges shall:
exercise functions on the basis of facts and law, independently, free from
influence from any quarter.
be independent from judicial colleagues.
refrain from influencing another court or administrative agency.
Judicial prestige should not be used to advance private interests of others.
be free from inappropriate connection with the executive and judicial
branches.
be independent in relation to society in general.
maintain and enhance institutional and operational independence of the
judiciary.
promote high standards of judicial conduct in order to promote public
confidence in the judiciary which is fundamental to the maintenance of
judicial independence.
DISQUALIFICATION v. INHIBITION
Disqualification - Rules enumerate specific and exclusive grounds under
which any judge or judicial officer is disqualified from acting as such;
judicial officer has NO DISCRETION to try or sit on the case
Inhibition- Rules does not expressly enumerate the specific grounds for
inhibition but merely gives a broad basis thereof; judge has SOUND
DISCRETION on the matter
4. Propriety- essential to all activities of a judge. (Canon 4)
Judges shall avoid impropriety and appearance of impropriety in all their
activities public holds judges to higher standards of integrity and ethical
conduct than lawyers and other person not invested with public trust.
o Behavior not only on the bench but also in everyday life should be
beyond reproach
o Acts not per se improper can be perceived by the larger community
as such
Judges must accept personal restrictions that might be viewed as
burdensome by ordinary citizens, and in particular conduct themselves in
a way that is consistent with the dignity of the judicial office.
In their relations with lawyers who practice regularly before their courts,
judges shall avoid situations giving rise to suspicions or appearance of
favoritism or partiality.
A judge shall not participate in determination of a case in which any
member of their family represents a litigant or is in any manner associated
with the case.
A judge shall not allow the use of his residence by members of the legal
profession to receive clients of the latter or of other members of the legal
profession.
In exercising freedom of expression, belief, association and assembly,
judges shall conduct themselves in such a manner as to preserve the
dignity, impartiality and independence of the judicial office
Judges shall inform themselves about their personal fiduciary and financial
interests and those of the members of their family.
Judges shall not use or lend the prestige of the judicial office to advance
their private interests or those of a member of their family, or any one
else.
Confidential information acquired by a judges in their official capacity shall
not be used for any other purpose related to their judicial duties.
Judges may engage in activities that do not detract from the dignity of the
judicial office or otherwise interfere with the performance of judicial
duties.
Judges shall not practice law while the holder of judicial office. - [MTC
judges as notaries public ex officio, may not notarize private docs EXCEPT:
1) when no lawyer is available in the municipality, and 2) notarial fees are
paid to the governments account; judge should not notarize affidavit of
co-habitation of persons whose marriage will be solemnized by him]
Judges may form or join associations of judges or participate in other
organization representing the interests of judges.
Judges and members of their families shall neither ask for nor accept any
gift, bequest, loan or favor in relation to anything done or to be done or
entitled to be done by him in connection with the performance of his
judicial duties.
Judges shall not knowingly permit court staff or others subject to their
influence, direction or authority, to ask for or accept any gift, bequest,
loan or favor in relation to anything done or to be done or entitled to be
done in connection with their duties and functions.
Subject to law and to any local requirements of public disclosure, judges
may receive a token gift, award or benefit as appropriate to the occasion
on which it is made, provided that such gift, award or benefit might not be
reasonably perceived as intended to influence the judge in the
performance of official duties or otherwise give rise to an appearance of
partiality.
[primary duty- hear and decide cases; must decide cases and motions on
time]
Judges shall devote their professional activity to judicial duties, which
include other tasks relevant to the judicial office or the courts operations.
[record keeping and supervision of personnel]
Judges shall take reasonable steps to maintain and enhance their
knowledge, skill and personal qualities for the proper performance of
judicial duties.
Judges shall keep themselves informed about relevant developments of
international law, including international conventions and other
instruments establishing human rights norms.
Judges shall perform all judicial duties, including the delivery of reserved
decisions, efficiently, fairly and with reasonable promptness.
[Periods for decision fixed by Constitution: counted from submission
24 months- SC
12 months- lower collegiate courts
3 months- lower courts]
Judges shall maintain order and decorum in all proceedings before the
court, and be patent, dignified and courteous in relation to litigants,
witnesses, lawyers and others with whom the judge deals in an official
capacity.
Judges shall not engage in conduct incompatible with the diligent
discharge of judicial duties.
1.
2.
confidence in the judicial system. (Tan vs. Pacuribot, A.M. No. RTJ-06-1982,
December 14, 2007).
2. Lower court judges and justices of the CA and SB (Rule 140)
Grounds:
1. Serious misconduct and inefficiency- Sec 67 of Judiciary Act of 1948
2. Serious, less serious, and light charges- Sec 8,9, 10 of Rule 140
Serious
1. Bribery, direct or indirect
2. Dishonesty and violations of the Anti- Graft Law (RA 3019)
3. Gross misconduct constituting violations of the Code of Judicial
Conduct
4. Knowingly rendering an unjust judgment or order
5. Conviction of a crime involving moral turpitude
6. Willful failure to pay a just debt
7. Borrowing from lawyers and litigants in a case pending before the court
8. Immorality
9. Gross ignorance of the law or procedure
10. Partisan political activities
11. Alcoholism and/ or vicious habits
Less Serious
1. Undue delay in rendering a decision or order or in transmitting the
records of the court
2. Frequent and unjustified absences without leave or habitual tardiness
3. Unauthorized practice of law
4. Violation of SC rules, directives, and circulars
5. Receiving additional or double compensation unless specifically
authorized by law
6. Untruthful statements in the certificate of service, and
7. Simple misconduct
Light
1. Vulgar and unbecoming conduct
2. Gambling in public
3. Fraternizing with lawyers and litigants with pending cases in court
4. Undue delay in delay in the submission of monthly reports
1. If guilty of Serious charge:
a. dismissal from the service,
b. forfeiture of all or part of the benefits as the Court may determine,
except accrued leave benefits;
c. disqualification from reinstatement or appointment to any public
office, including government owned or controlled corporation,
d. Suspension from office without salary and other benefits for more
than 3 but not exceeding 6 months. and
e. A fine of more than P20,000.00 but not exceeding P40,000.00.
2. If judge is guilty of a less serious charge:
a. Suspension from office without salary and other benefits for not
less than 1 nor more than 3 months, or
b. A fine of more than P10,000.00 but no exceeding P20,000.00.
d. False allegations
False Allegation made without reasonable cause and found untrue shall
subject the offending party to the reasonable expenses as may have been
necessarily incurred by the other part by reason of such untrue pleading.
e. Non-appearance of witness
If a Witness fails to appear at the time and place specified in the
subpoena issued by any inferior court, the costs of the warrant of arrest and
of the arrest of the witness shall be borne by him, if the court determines that
his failure to answer the subpoena was willful and without excuse.