Professional Documents
Culture Documents
Extra Judicial Activities of Judges
Extra Judicial Activities of Judges
of judges /justices
1
The previous “Canons of Judicial Ethics
and the Code of Judicial Conduct is a
supplement to the new Code
• “Canons of Judicial Ethics and the Code of Judicial
Conduct”, promulgated on 5 September 1989, shall take
effect on 20 October 1989
• This “New Code of Judicial Conduct for the Philippine
Judiciary” shall take effect on the first day of June 2004
• This Code, which shall hereafter be referred to as the New
Code of Judicial Conduct for the Philippine Judiciary,
supersedes the Canons of Judicial Ethics and the Code of
Judicial Conduct heretofore applied in the Philippines to
the extent that the provisions or concepts therein are
embodied in this Code: Provided, however, that in case of
deficiency or absence of specific provisions in this New
Code, the Canons of Judicial Ethics and the Code of Judicial
Conduct shall be applicable in a suppletory character.
2
CANON 4
PROPRIETY
New Code of Judicial Conduct [2004]
3
• SEC. 3. Judges shall, in their personal relations with
individual members of the legal profession who practice
regularly in their court, avoid situations which might
reasonably give rise to the suspicion or appearance of
favoritism or partiality.
4
• SEC. 6. Judges, like any other citizen, are entitled to
freedom of expression, belief, association and assembly, but
in exercising such rights, they shall always conduct
themselves in such a manner as to preserve the dignity of
the judicial office and the impartiality and independence of
the judiciary.
5
• SEC. 9. Confidential information acquired by judges in their
judicial capacity shall not be used or disclosed by for any
other purpose related to their judicial duties.
6
• SEC. 12. Judges may form or join associations of judges or
participate in other organizations representing the
interests of judges.
7
• SEC. 15. Subject to law and to any legal 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
reasonably be perceived as intended to influence the
judge in the performance of judicial duties or otherwise
give rise to an appearance of partiality.
8
Private practice of law prohibited
• Rule 138 RRC Sec. 35. Certain attorneys not to practice. -
No judge or other official or employee of the superior
courts or of the Office of the Solicitor General, shall
engage in private practice as a member of the bar or
give professional advice to clients.
9
Why a judge cannot practice law
10
Drafting complainant’s affidavit is
practice of law
• Respondent acted as a lawyer for complainant and her father-in-
law when he drafted complainant’s affidavit which became the
basis of a complaint for estafa filed against Heidi Navarra.
• By acting as counsel for complainant and the latter’s father-
in-law in a case filed in his court, respondent compromised his
neutrality and independence. How could he then be expected to
decide with objectivity and fairness the cases in which he has
acted as a lawyer for the plaintiff or complainant?
• Respondent’s misconduct in this case is further compounded by
the fact that he rendered the legal services in question using
government facilities during office hours. - Biboso v.
Judge Villanueva, A.M. No. MTJ-01-1356. April 16, 2001
11
Instances when a judge canserving as
executor, administrator, trustee,
guardian or other fiduciary
• As a general rule, a judge is prohibited from serving as
executor, administrator, trustee, guardian or other
fiduciary. The only exception is when the estate or trust
belongs to, or the ward is a member of his immediate
family, and only if his service as executor, administrator,
trustee, guardian or fiduciary will not interfere with
the proper performance of his judicial duties.
12
“ Judge’s family”
• Includes a judge’s:
1. spouse,
2. son,
3. daughter,
4. son-in-law,
5. daughter-in-law, and
6. any other relative by consanguinity or affinity within the
sixth civil degree, or
7. person who is a companion or employee of the judge and
who lives in the judge’s household.
13
Rendering legal opinion proscribed
14
A judge who violates the judicial
code of conduct also violates the
lawyer’s oath
• We ruled that because membership in the bar is an integral
qualification for membership in the bench, the moral fitness
of a judge also reflects the latter’s moral fitness as a
lawyer. A judge who disobeys the basic rules of judicial
conduct also violates the lawyer’s oath. - OCA v. Atty.
Liangco, A. C. No. 5355 [2011]
15
As attorney-in-fact in actual
litigations
• Except for the initiatory pleading, respondent Judge signed
the pleadings relative to the civil case and participated in
some of the hearings held relative thereto.
• The proscription against the private practice of law, or just
giving professional advice to clients, by Judges is based on
public policy.
• The prohibition applies equally well to the appointment of and
acceptance by judges to the post of attorney-in-fact in actual
litigations, a fact which is also, by and large, incompatible
with the high office, functions, prestige and privileges of a
judge. It is of no moment, albeit worse, that the case where
he accepts such designation as attorney-in-fact is one that
pends before his own court. - Sps. Gragera v. Judge
Francisco, A. M. No. RTJ-02-1670. June 26, 2003
16
A.M. NO. 13-05-05-SC
RE: REVISION OF
RESTRICTIONS ON TEACHING HOURS OF
JUSTICES, JUDGES AND PERSONNEL OF THE JUDICIARY
EN BANC RESOLUTION DATED 01 APRIL 2014
1. Teaching shall be allowed for not more than ten (10) hours a
week. On regular working days (Monday through Friday),
teaching shall not be conducted earlier than 5:30 p.m.
17
An application for permission to teach filed by
a
judge or justice shall require approval as
follows:
a. If filed by a judge from a lower level court, it shall be
subject to the approval of the executive judge concerned;
18
An application for permission to teach filed by
court personnel shall require approval as
follows
a. If filed by court personnel from a lower level court, it
shall be subject to the approval of the executive judge
concerned;
b. If filed by court personnel from the Court of Appeals, the
Sandiganbayan, or the Court of Tax Appeals, it shall be
subject to the approval of the presiding justice or the
executive justice concerned, as the case may be;
c. If filed by Supreme Court personnel belonging to a chamber of
an Associate Justice of the Supreme Court, it shall be
subject to the approval of the Associate Justice concerned,
who will notify the Chief Justice and the Office of
Administrative Services, Supreme Court, of this approval;
d. If filed by other Supreme Court personnel, it shall be
subject to the approval of the Chief Justice.
19
Disposition of applications
20
Failure to secure permit to teach
21
Proper for judges to attend meetings
of members of the bar
• It is not necessary to the proper performance of judicial
duty that judges should live in retirement or seclusion; it
is desirable that, so far as the reasonable attention to
the completion of their work will permit, they continue to
mingle in social intercourse, and that they should not
discontinue their interests in or appearance at meetings
of members at the bar.
22
Judge eating lunch with counsel
23
Political activities of judges
24
Engaging in partisan political
activity
improper under Civil Service Law
• Pres. Decree No. 807 (Civil Service Law) clearly states:
25
Engaging in political activity
26
Filing of a certificate of candidacy
27
Limit of judge’s journalistic
writing
• Complainant alleged that respondent used his newspaper
column to ventilate his biases or personal anger at people
or institutions.
28
Con’t…
29
Judge cannot be appointed to
executive position in any enterprise
• Circular No. 6 dated April 10, 1987 strictly enjoins all
Judges, Clerks of Court and Sheriffs not to accept the
position of director or any other position in any
electric cooperative or other enterprises, or to resign
immediately from such position if they are already holding
the same so as not to prejudice the expeditious and proper
administration of justice.
• In violation of this circular, Judge Estrada, who was
appointed to the judiciary on May 17, 1994, did not resign
from the Board of Directors of the Rural Bank of Labrador
until May 31, 1997. - Re: Inhibition of Judge
Bienvenido R. Estrada A.M. No. 98-1-32-RTC July 29,
1998
30
Judge should not accept any position in
any business enterprise
• RULE 5.01 - A judge may engage in the following activities
provided that they do not interfere with the performance of
judicial duties or detract from the dignity of the court:
xxx
(d) serve as an officer, director, trustee, or non-legal
advisor of a non-profit or non-political educational,
religious, charitable, fraternal, or civic organization.
31
Not good for judges to engage in
business
• Indeed, it is not good for judges to engage in business
except only to the extent allowed by Rule 5.03 of the
Code of Judicial Conduct which provides:
32
Limits of financial and business dealings
33
Act of writing a letter to opposing
counsel and defending a right amounts to
private practice of law
• We also find merit in complainant's contention that respondent's
act of writing to Atty. Cargullo and defending the right of Andres
Bo to possess the lot in dispute amounts to private practice of
law.
34
As agent in the sale of the subject
property
35
Financial and business dealings
• Judge can engage in financial and business dealings provide:
36
Sheer presence - as a member of the
Judiciary - would be sufficient
suggestion of persuasion and influence
• As a member of the bench, the respondent judge should
realize that his presence, opinion and participation in
any proceeding could slant the evaluation and resolution of
the case in favor of (the) party he identifies himself with.
A judge need not utter any word for his sheer presence - as
a member of the Judiciary - would be sufficient suggestion
of persuasion and influence.
• In this case, the respondent judge's presence and
participation in the proceedings were to the advantage
of his relatives, the heirs of Dr. Cosme T. Valdez, Sr.
That his efforts failed to influence the DARAB, for the
motion filed by the Valdez heirs in DARAB Case No. 282-T-93
for contempt was dismissed, has no relevance. - Garcia,
et. al. v. Judge Valdez, A.M. No. MTJ-98-1156 [1998]
37
Giving moral support to a family member
by attending the hearing is improper
• Judge Dojillo admitted that he was present during the
mentioned hearings but explained that he did not sit
beside his brother’s lawyer but in the area reserved
for the public; and that the main reason why he was
there was to observe how election protests are
conducted as he has never conducted one. His other
reason was to give moral support to his brother. - Vidal
v. Judge Dojillo, Jr. A.M. No. MTJ-05-1591 [2005]
38
Objection from complainant or counsel is
immaterial
• Although concern for family members is deeply ingrained in the
Filipino culture, respondent, being a judge, should bear in mind
that he is also called upon to serve the higher interest of
preserving the integrity of the entire judiciary.
39
Use of letterhead by a judge
40
Use of ordinary bond papers and placing
his official station as return address
• The Judge’s claim that he used an ordinary bond papers
and placed thereon his official station as return address
is not totally without merit.
41
Use of court’s stationery
42
Judge required tenants to pay at MTC
43
Social Networking activities
• The complainant likewise filed a supplemental
complaint dated April 14, 2008 where he alleged that the
respondent committed an act of impropriety when she
displayed her photographs in a social networking website
called "Friendster" and posted her personal details as an
RTC Judge, allegedly for the purpose of finding a compatible
partner. She also posed with her upper body barely covered
by a shawl, allegedly suggesting that nothing was worn
underneath except probably a brassiere.
44
……
• We are not unaware of the increasing prevalence of social
networking sites in the Internet – a new medium through
which more and more Filipinos communicate with each other.
While judges are not prohibited from becoming members of and
from taking part in social networking activities, we remind
them that they do not thereby shed off their status as
judges. They carry with them in cyberspace the same ethical
responsibilities and duties that every judge is expected to
follow in his/her everyday activities. It is in this light
that we judge the respondent in the charge of impropriety
when she posted her pictures in a manner viewable by the
public.
45
……
• Lest this rule be misunderstood, the New Code of Judicial
Conduct does not prohibit a judge from joining or
maintaining an account in a social networking site such as
Friendster. Section 6, Canon 4 of the New Code of Judicial
Conduct recognizes that judges, like any other citizen, are
entitled to freedom of expression. This right "includes the
freedom to hold opinions without interference and impart
information and ideas through any media regardless of
frontiers." Joining a social networking site is an exercise
of one’s freedom of expression. The respondent judge’s act
of joining Friendster is, therefore, per se not violative of
the New Code of Judicial Conduct.
46
……
• To restate the rule: in communicating and socializing through
social networks, judges must bear in mind that what they
communicate – regardless of whether it is a personal matter or part
of his or her judicial duties – creates and contributes to the
people’s opinion not just of the judge but of the entire Judiciary
of which he or she is a part. This is especially true when the
posts the judge makes are viewable not only by his or her family
and close friends, but by acquaintances and the general public.
• Thus, it may be acceptable for the respondent to show a picture of
herself in the attire she wore to her family and close friends, but
when she made this picture available for public consumption, she
placed herself in a situation where she, and the status she holds
as a judge, may be the object of the public’s criticism and
ridicule. The nature of cyber communications, particularly its
speedy and wide-scale character, renders this rule necessary.
47
……
• We are not also unaware that the respondent’s act of
posting her photos would seem harmless and inoffensive had
this act been done by an ordinary member of the public. As
the visible personification of law and justice, however,
judges are held to higher standards of conduct and thus must
accordingly comport themselves. - Lorenzana v. Judge
Austria, A.M. No. RTJ-09-2200 April 2, 2014 (formerly
OCA I.P.I. No. 08-2834-RTJ)
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Thank you for your
attention!!
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