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Code Of Judicial Conduct And The Lawyer

DCA Nimfa Cuesta Vilches

Code Of Judicial Conduct [CJC -Justices /Judges] :


Principles - Competent, Independent, Impartial Judiciary / Public Confidence In Judicial System / Moral Authority, Integrity Of Judiciary / Judges Respect Judicial Office As Public Trust

Code Of Professional Responsibility [CPR]: Principles Client-Lawyer Relationship, Dealings With Others / Public Service / Advertising / Integrity / Client Confidences / Candor Toward Courts / Truthfulness In Statements / Independence

Code Of Judicial Conduct And The Lawyer: 6 [CJC] And 22 [CPR] Canons A. Independence- Canon 1: Judicial Independence Is Prerequisite To Rule Of Law, Fundamental Guarantee To Fair Trial

Judicial Function Independently On Basis Of Assessment Of Facts, Law, Free From Extraneous Influence, Direct Or Indirect, From Judicial Colleagues / Refrain From Influencing Outcome Of Litigation In Other Court, Adm. Agency

Family, Social And Other Relationships Not Allowed To Influence Conduct, Decision Rev. Rules of Court, Sec. 1.Disqualification : Free From Inappropriate Connections, Influence By The Executive And Legislative Branches

CPR Canon 10 Lawyer Owes Candor, Fairness, Good Faith To The Court Rule 10.1: Falsehood, Misleading The Court Rule 10.2 Misquoting, Misrepresenting Contents Of Paper, Language, Argument Of Opposing Counsel, Text Of Decision

B. Integrity Canon 2 : Essential To Proper Discharge Of Office, Personal Demeanor / Conduct Above Reproach / Behavior, Conduct Reaffirm Peoples Faith To Judiciary / Initiate Appropriate Disciplinary Measures Against Lawyers, Court Personnel

Moral Integrity / Personal Integrity In Private Life / CPR, Canon 11 Lawyer Observe, Maintain Respect Due To Courts, Judicial Officers / Insist Similar Conduct By Others / Appear Properly Attired / Punctually At Hearings /

Abstain From Offensive Language Or Behavior C. Impartiality Canon 3 : Perform Duties Without Abstain From Offensive Language Or Behavior Favor, Bias Or Prejudice / Conduct Themselves Properly / Not Make A Comment That Might

Affect A Proceeding / Voluntary Disqualification By The Judge / Disqualified Judges May Disclose On Record Basis Of Disqualification / Expressing Personal View That Are Conflicting With Supreme Court Precedents

CANON 13 - Lawyer Relies On Merits Of Cause, Refrain From Impropriety Influence, Influence The Court / Rule 13.01 Lawyer Not Extend Extraordinary Attention, Hospitality, Seek Opportunity For Cultivating Familiarity With Judges

Rule 13.02 - Lawyer Not Make Public Statements In Media On Pending Case Tending To Arouse Public Opinion For, Against A Party / Rule 13.03 - Lawyer Shall Not Brook , Invite Interference By Another Branch, Agency Of Government In Course Of Judicial Proceedings

D. Propriety Canon 4
Avoid Impropriety And The Appearance Of Impropriety / Conduct Consistent With Dignity Of Judicial Office / Personal Relation With Lawyers, Situations Give Rise To Suspicion Of Favoritism, Partiality / Non- Participation In

Case Member Of Family Represents Litigant / Freedom Of Expression, Belief, Association, Assembly, Conduct In Manner To Preserve Dignity Of Office / Inform About Familys Personal Fiduciary And Financial Interests / Not Use, Lend

Prestige Of Judicial Office To Advance Private Interests Or Those Of Family Or Of Anyone Else Confidential Information Not Be Used, Disclosed For Any Purpose / Subject To Proper Performance Of Judicial Duties, Judges

May : Write, Lecture, Teach, Participate In Activities In Law / Appear At Public Hearing On Matters Relating To Law / Engage In Activities If Not Detract From Dignity Of Judicial Office, Interfere With Performance Of Judicial

Duties / Not Practice Law / May Form, Join Judges Association, Organizations Representing Judges Interests / Judges And Members Of Family Not To Ask, Accept Gift, Bequest, Favor In Relation To Performance As Judge

Not Permit Court Staff

Or Others Subject To Ask For Nor Accept Any Gift, Etc. / Subject To Law And To Any Requirements Of Public Disclosure, Judges May Receive Token Gift, Award Or Benefit

CANON 11 Lawyer Observe, Maintain Respect Due To Courts, Judicial Officers, Insist On Similar Conduct By Others / Rule 11.01 Lawyer Appears In Court Properly Attired / Rule 11.02 Lawyer Punctually Appears At Court Hearings / Rule 11.03 Lawyer Abstains From

Scandalous, Offensive, Menacing Language, Behavior Before Courts Rule 11.04 Lawyer Not Attribute To Judge Motives Not Supported By Record, No Materiality To Case / Rule 11.05 Lawyer Submit Grievances Against A Judge To The Proper Authorities Only

E. Equality - Aware Of,

Understand Diversity In Society, Differences Including Sex, Race, Color, Religion, National Origin, Disability, Age, Marital Status, Sexual Orientation / Manifest Bias, Prejudice Towards Any Person Or Group On

Irrelevant Grounds Appropriate Consideration For All Persons, Witnesses, Court Staff, Etc., Without Differentiation On Irrelevant Ground / Knowingly Permit Court Staff Or Others To Differentiate Between

Persons Concerned / Require Lawyers In Court Proceedings To Refrain From Manifesting By Words Or Conduct, Bias Or Prejudice Except As Are Legally Relevant To An Issue

CANON 14 - A Lawyer Shall Not Refuse His Services To The Needy Rule 14.01 Lawyer Shall Not Decline To Represent A Person Solely On Account Of Latter's Race, Sex, Creed, Status Of Life, Or Because Of His Own Opinion Regarding Guilt Of Person

Rule 14.02 Lawyer Shall Not Decline Except For Serious And Sufficient Cause, An appointment As Counsel De Officio Or As Amicus Curiae, Or A Request From The IBP Or Any Of Its Chapters For Rendition Of Free Legal Aid

F. Competence And Diligence : Judicial Duties Of A Judge Take Precedence Over All Other Activities / Devote Professional Activity To Judicial Duties / Reasonable Steps To Maintain And Enhance

Their Knowledge, Skills And Personal Qualities Keep Informed Of Recent Developments Of International Law And Other Instruments / Perform All Judicial Duties With Reasonable Promptness / Maintain

Order And Decorum In All Proceedings Before The Court And Be Patient, Dignified And Courteous To All / Engage In Conduct Incompatible With The Diligent Discharge Of Judicial Duties*

CANON 4 Lawyer Participates In Development Of Legal System By Initiating, Supporting Efforts In Law Reform, Improvement Of Administration Of Justice / CANON 5 - Lawyer Keeps Abreast Of Legal Developments, Participate In Continuing Legal Education Programs, Support Efforts To Achieve High Standards In

Law Schools, Practical Training Of Law Students, Assist In Disseminating Law, Jurisprudence / CANON 6 CANONS SHALL APPLY TO LAWYERS IN GOVERNMENT SERVICES - Rule 6.01 Primary Duty Of Lawyer Engaged In Public Prosecution Not To Convict But See That Justice Is Done

Suppression Of Facts Or Concealment Of Witnesses Capable Of Establishing Innocence Of Accused Is Highly Reprehensible, Is Cause For Disciplinary Action / Rule 6.02 Lawyer In Government Service Shall Not Use His Public Position To Promote Or Advance

His Private Interests, Nor Allow The Latter To Interfere With His Public Duties / Rule 6.03 Lawyer Not After Leaving Government Service Accept Engagement, Employment In Connection With Matter In Which He Intervened

Am I Guilty Of Interceding?

Motion For Inhibition Of A Regional Trial Court Pairing Judge For Another Branch By The Demise Of An Incumbent Was Heard Later Submitted For Resolution. A DOJ Special Prosecutor Handling The Case Was Informed By Secretary Of Call From A CA Justice Who

Went To SPs Office With A Chinese Man And Lawyer Asking SP To Withdraw Motion For Inhibition Against Pairing Judge, If SP Can Do Something To Help The Chinese. SP Told CA Justice Matter Will Be Relayed To The CSP Whom The Justice Anyway Called Up To Urge SP To Withdraw Motion

CA Justice Interceded For Chinese Drug Queen Under Rule 2.04, Code Of Judicial Conduct, Dismissed From Service With Prejudice To Appointment To Government Office, Agency, Instrumentality, GOCCs Or Institution. All Benefits Were Ordered Forfeited [A.M. No. 00-7-09-CA. 19 December 2001]

Am I Crazy?

Judge Alleges Having Psychic Visions, Seeing The Future, Duwendes. He Is Angel Of Death Inflicting Pains On Corrupt Officials Of The Court. Judge Wore Blue Robes Except On Fridays- Black To Recharge Psychic Powers. Judge Had Healing Sessions Inside Chambers During Break Time.

Judge Separated From Service As Medical Findings Showed Judge Suffers From Psychosis. Judges Medical Condition Made Judge Unfit To Perform Judicial Functions. Separation Not Penalty, No Forfeiture Of Benefits , Disqualification [RTJ-06-1988, Luz Arriego vs. Judge March 31, 2006]

Did I Pass The Bar?

CA Justice Issued Resolution In PNB case For Maintenance Of Status Quo Extending TRO. A 5-Year Delay In Resolving Motion For Reconsideration. CA May Issue TRO For Limited Period Of 60 Days Cannot Be Renewed, Extended. After 60 Days, TRO Immediately Ceases Without Any Judicial Order.

Justice Sat On MRs For Almost 1 Year Unless The Parties Come Across. Justice Was Dismissed Being 2nd Offense With Forfeiture Of Retirement Benefits Except Leave Credits. [Re: Complaint Against Justice, AM No. 06-6-8-CA; Padilla v. Justice, AM No. 06-44-CA-J, March 20, 2007]

Is Justice DelayedJust Fine?

NPC Employees Counsel Filed Motion For Charging Lien 15% Of Assets Awarded To Clients By QC RTC Based On Amicable Settlement In 2006. RTC Issued Writ Of Execution In Favor Of Lawyer In 2006 But Was Never Implemented As NPC Directors Sought TRO From 16th Division With The Justice As Ponente

Lawyer Opposed MR In 2006 Gathered Dust And Remained Pending. Justice Guilty Of Undue Delay, Violated Sec. 9(1) Rule 140 Rules Of Court, Sec.5 Canon 6 New Judicial Conduct, Fine P15T. Section 3, Rule 52, IRCA, MR Resolved 90 Days From Submission For Resolution [19 August 2008]

Moonlight Serenade For You!

Shall We, Shall We Not Overcome? Court Of Appeals

Panel Chaired By Former Justice Carolina Grino-Aquino Tasked To Look Into Propriety Of Actions Of CA Justices In Connection With Corporate Row Of Power Distributor MERALCO And State-Pension Fund GSIS And Allegations That P10Million Bribe Dangled To CA Justice Jose Sabio

Francis Roa de Borja Claims Justice Said It Would Take P50M To Resist Government's Offer. Panels Mandate Is To Look Into CA Internal Rules, System, How Cases Handled, Disposed Of. But Disciplinary Action On Erring Justices Unavoidable Due To Violations Of IRCA, Ethical Guidelines.

Justice Roxas, Who Penned MERALCO Decision DISMISSEDPanel Found Him As Dishonest, Untruthful For Fabricating Transcript Of Deliberation, Claiming There Was Actual Deliberation / Showed Undue Interest Prepared Decision Even Before The Parties Filed Memoranda / Cheated Parties Counsels Of Time, Effort,

Energy Invested In The Preparation Of Ponderous Memoranda Which He, Other Members Of The 8th Division Did Not Bother To Read Before Signing His Decision / Violated The Rules Of Court When He Ignored, Refused To Act On Motion For His Inhibition And The Other Motions Of Parties

SC Reprimanded Court Of Appeals Presiding Justice Conrado Vasquez For Failed Leadership In Handling The Bribery Case / Justice Bienvenido Reyes Was Found By SC Guilty Of Simple Misconduct For Signing Decision Without Waiting For PJ Vasquez To Settle The

Issue, Reprimanded, Given Stern Warning / SC Admonished Justice Myrna DimarananVidal For Allowing Herself To Be Rushed By Justice Roxas To Sign The July 8, 2008 Decision Granting MERALCO's Request For A TRO Allowing The Election Of A New Board, Lopez Family To Maintain Control Of MERALCO

Justice Sabio Suspended For 2 Months, Reprimanded For Discussing MERALCO Case With Businessman De Borja Breaking Seal Of Confidentiality In Pending Case / As To PCGG Chair Camilo Sabio - SC Directed Office of Bar Confidant To Conduct Disbarment Proceedings For Trying To Influence Brother Jose To Support GSIS In Control Of MERALCO

Dont You Think Im Sexy?

Lawyer Married Wife In 1942, Sired 12 Children / Wife Sent Husband To Law School Supporting Him Until Passed Bar / In 1968, Lawyer Left Conjugal Home Lived In With Woman Who Bore Him 4 Children Prompting Wife To File For Separation / Delay In Case Due To Lawyers Failure To Appear At IBP Hearings

Lawyers Act Of Leaving Wife, 12 Children To Cohabit With Woman Grossly Immoral Conduct / Adds Insult To Injury.. Little Attempt On Part Of Respondent To Be Discreet / Husband Of Mistress Testified, Risked Personal Ridicule On Illicit Relationship [Arnobit Case, October 2008]

Two Married Subordinates Alleged Judge Took Them To Motel, Raped And Made Them Perform Sexual Acts. The Advances Continued Even In The Office As Judge Grabs Blouse Kisses The neck Saying Complainant Smells So Sweet. Judge Also Fathered 2 Children With Other Women.

Judge Dismissed For Gross Misconduct And Immorality Prejudicial To Best Interest Of The Service With Forfeiture Of Retirement Benefits, Prejudice To Re-employment. Judiciary Hemorrhages Every Time A Judge Himself Transgresses Very Law.. Sworn To Uphold [Per Curiam, December 2007]

THANK YOU FOR YOUR TIME!

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