JUDICIAL ETHICS

Question 1

Ten sources of judicial ethics

Answer 1

1. New Code o Judicial Conduct for the PH Judiciary
2. Code of Judicial Conduct of 1989
3. Canons of Judicial Ethics
4. CPRA
5. Constitution
6. ROC
7. JBC Rules
8. RPC
9. Jurisprudence
10. SC Admin issuances

Question 2

Basis of the New Code of Judicial Conduct for the PH Judiciary

Answer 2

Bangalore Draft

Question 3

Any person exercising judicial power designated

Answer 3

Judge

Question 4

Took effect on October 20 1989. Drafted by the Committee on Code of Judicial Conduct under the chairmanship of Justice Irene Cortes

Answer 4

Code of Judicial Ethics

Question 5

T/F. The Code of Judicial Ethics takes primacy over the New Code of Judicial Conduct for the PH Judiciary

Answer 5

False.

Question 6

Six qualities a judge must have under the New Code of Judicial Conduct for the PH Judiciary. Imprint Code

Answer 6

1. Independence.
2. Integrity
3. Impartiality
4. Propriety
5. Equality
6. Competence and Diligence

Question 7

Two kinds of disqualifications of judicial officers

Answer 7

1. Compulsory
2. Voluntary

Question 8

Four grounds to compulsory disqualify a judge

Answer 8

1. He or his wife or child is pecuniarily interested as heir, legatee, creditor or otherwise
2. Related to either party within the sixth degree of consanguinity or affinity, or to counsel within fourth degree
3. Has been executor, admin, guardian, trustee or counsel
4. Presided in any inferior court whne his ruling is the subject of review.

Question 9

Presumption of compulsory disqualification?

Answer 9

See Gutierrez v. Santos. A judge cannot objectively sit in a case that prohibits him and strikes at his authority to hear and decide it, IN THE ABSENCE OF WRITTEN CONSENT OF ALL PARTIES CONCERNED

Question 10

T/F. The disqualification applies to all justices of the Court

Answer 10

No. Only the justice in question

Question 11

Seven grounds or Compulsory Disqualification

Answer 11

1. Has actual bias or prejudice concerning a party
2. Previously served as a lawyer or witness in the matter in controversy
3. Judge or family members has economic interest
4. Judge served as an executor in the case of matter of controversy or former associate of the judge served as counsel during their association
5. Judge lower court ruling is the subject of review
6. Related by consanguinity or affinity within the sixth civil degree, or counsel within 4th
7. Judge knows that his spouse or child has a financial interest over the subject matter in controversy

Question 12

Three acts which constitute discipline over the judiciary

Answer 12

1. Malfeasance. Performance of an act which out not to be done
2. Misfeasance. Improper performance of a lawful act
3. Nonfeasance. Omission of an act ought to be performed

Question 13

Three classification of Administrative Charges

Answer 13

1. Serious, e.g., bribery, dishonesty, gross misconduct, willful failure, borrowing money
2. Less Serious, e.g., undue delay in decision rendering, unjustified absences and tardiness, receiving additional compensation, untruthful statements
3. Light, e.g., unbecoming conduct, gambling in public, fraternizing with lawyers, undue delayW

Question 14

Who has the authority to discipline judges?

Answer 14

Supreme Court, as provided by Arti VIII Section 6 of the Consti

Question 15

T/F. All members of the judiciary may be removed from office by impeachment

Answer 15

Not necessarily, it is provided by law. Currently, however, it is impeachment

Question 16

Three steps to impeachment proceedings

Answer 16

1. Verified complaint filed by any member of the HOR, with referral from the Committee of Justice
2. Complaint filed by any citizen
3. Resolution filed by at least 1/3 of all members of the House

Question 17

Six grounds for impeachment

Answer 17

1. Violation of the Constitution
2. Treason
3. Bribery
4. Graft and corruption
5. Other high crimes
6. Betrayal of public trust