Judicial Ethics (Appendix F page 498 Pineda)

Feb 18, 2015

Judicial Ethics Meaning
-branch of moral science w/c treats of the right and proper conduct to be
observed by the judges in administering justice
-a legal and moral mechanism that keeps and maintains the trust and
confidence of the people in the judicial system
What is the importance?
-administration of justice is a joint responsibility of the judge and the lawyer
AM No. 03-05-01
-New Code of Judicial Conduct for the Philippine Judiciary
-took effect on June 1, 2004
-adopts the Universal Declaration for Ethical Conduct of Judges in the
Bangalore Draft held at the Hague Convention

Purpose
-

See preamble 1989 Judicial Code of Conduct

NEW Code of Judicial Conduct

-7 Cardinal Values
Independence, integrity, impartiality, propriety, equality, competence and
diligence
Canon 1--- Independence
-guarantee of fair trial
-judge shall therefore uphold and exemplify judicial
independence in both individual and institutional aspect
Possible Sources of Influence
-internal- biases, prejudices, preconceived notions
-external- political, social, familial
Regardless of good relations, camaraderie and companerismo among
judges, they shall not be influenced by their fellow judges insofar as
decisions they have to make independently
P
Pakikisama, Utang na Loob (Supreme Court explanation in their Primer)

Collegiate Court- team, not a single judge court, by division, Section 2

still applicable
Section 3 Example: The judge wrote to the NLRC Commissioners to
tell them that his wifes allegations are untrueSuggested Answer:
Still violates section 3 because it tends to influence
What is FAMILY?
-related by blood or marriage within the 6th civil degree
-as well as companions or employees of the judge
-live-in partner of judge
WHY 6th degree?
-to acknowledge the Filipino tradition that we have a big family
Section 5 (New Section)
but must also appear to be free therefrom to a reasonable
observer
..considering that the appointments, promotions and
movements of judges are subject to executive approval, and
that the org, budget and resources of the judiciary are matters
that require legislative grace
Allowances from LGUs?
YES. Allowed because if we (judiciary) just have to depend on
our budget must not be exorbitant
Section 6 (New Section)
Section 8
conduct of judges, in or out of court, should be beyond
reproach as they are the visible representations of law and of
the judiciary
Canon 2--- Integrity
-judges have been discipline for lack of good moral character, both in
their public and private capacities
-Accepting bribes; going to cockpits, casinos, racetracks to bet on
horses; fraternizing w/ litigants and their lawyers; delay in rendering
decisions; ignorance of the law
Ignorance of the Law
-is a mark of competence; and where the law involved is
elementary, ignorance thereof is considered an indicium of lack
of integrity

-the judge is either too incompetent and undeserving of the

title he holds, or he is to vicious that the oversight was
deliberately done resulting to a travesty of justice
Section 2
Judges must not only render just, correct and impartial
decisions, but must do so in a manner free of any suspicion as to
their fairness, impartiality and integrity
Section 3
judges are administrators of.