Legal and Judicial Ethics - Canons and Rules

Question 1

Discuss Rule 137.

Answer 1

Section 1. Disqualification of judges. — No judge or judicial officer shall sit in any case in which he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise, or in which he is related to either party within the sixth degree of consanguinity or affinity, or to counsel within the fourth degree, computed according to the rules of the civil law, or in which he has been executor, administrator, guardian, trustee or counsel, or in which he has been presided in any inferior court when his ruling or decision is the subject of review, without the written consent of all parties in interest, signed by them and entered upon the record. A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other than those mentioned above.

Section 2. Objection that judge disqualified, how made and effect. — If it be claimed that an official is disqualified from sitting as above provided, the party objecting to his competency may, in writing, file with the official his objection, stating the grounds therefor, and the official shall thereupon proceed with the trial, or withdraw therefrom, in accordance with his determination of the question of his disqualification. His decision shall be forthwith made in writing and filed with the other papers in the case, but no appeal or stay shall be allowed from, or by reason of, his decision in favor of his own competency, until after final judgment in the case.

Question 2

Discuss OCA v. Lansang in relation to Canon 6, Competence and Diligence.

Answer 2

An administrative complaint was filed against Judge Lansang in the Clark Pampanga MTC based on the report of the OCA that
(1) he has pending cases, even after 11 years.
(2) In 1989 he only conducted 1 hearing a month
(3) He has been conducting 3 marriages per day but did not report it to keep the funds.
(4) Accumulated 182 pending cases.

Judge Lansang blamed his pending cases due to the existence of rift between him and the Clerk of Court. But the SC did not believe him because he did not file an admin. complaint.

Question 3

Discuss the case of Reyes v. Faderan in relation to Canon 6, Competence and Diligence.

Answer 3

Depression is never a reason for a public officer’s non-compliance with simple duties. If he cannot do his work, he should go on leave or resign.

He showed a deliberate disregard and inexcusable flaunting of the Court’s orders when he failed to comment on the complaints filed against him.

Question 4

Discuss the case of People v. Salas in relation to Canon 6, Competence and Diligence.

Answer 4

Why cant a judge delay the Trial because of an Escape?

(1)Because it is against the goal of speeding up the disposition of criminal cases.

(2)A Fugitive waived his notice precisely because he escaped

(3) Delaying the trial is like Rewarding the prisoner’s escape This is about a homicide case with an escaped prisoner after pleading NOT GUILTY to the charge, and thereafter Judge Salas denied the prosecutor’s petition to continue the trial “in absentia.”

Question 4

Discuss the case of People v. Salas in relation to Canon 6, Competence and Diligence.

Answer 4

Why cant a judge delay the Trial because of an Escape?

(1)Because it is against the goal of speeding up the disposition of criminal cases.

(2)A Fugitive waived his notice precisely because he escaped

(3) Delaying the trial is like Rewarding the prisoner’s escape This is about a homicide case with an escaped prisoner after pleading NOT GUILTY to the charge, and thereafter Judge Salas denied the prosecutor’s petition to continue the trial “in absentia.”

Question 5

Discuss the case of People v. Salas in relation to Canon 6, Competence and Diligence.

Answer 5

A judge may not delay the Trial because of an Escaped fugitive because of the following reasons:
(1) it is against the goal of speeding up the disposition of criminal cases.
(2) A Fugitive waived his notice precisely because he escaped.
(3) Delaying the trial is like Rewarding the prisoner’s escape.

This is about a homicide case with an escaped prisoner after pleading NOT GUILTY to the charge, and thereafter Judge Salas denied the prosecutor’s petition to continue the trial “in absentia.”

The Requisites of “in absentia” are:
(1) he has been arraigned.
(2) he has been duly notified of the trial.
(3) his failure to appear is unjustified.

Question 6

Discuss the case of Enriquez v. Caminade in relation to Canon 6, Competence and Diligence.

Answer 6

The Sales vs Sandiganbayan is not applicable to the criminal case because of significant factual and procedural distinctions between the two cases:

(1) the Sales case proceeded under the Rules of Procedure of the Ombudsman, while subject criminal case was conducted under the Rules of Court.

(2) there was no completed preliminary investigation in the Sales case but there was a completed full- blown panel preliminary investigation on the accused in the subject criminal case.

(3) it is only under the Rules of Procedure of the Ombudsman that the preliminary investigation is deemed completed and terminated upon the lapse of the period to file a motion for reconsideration from the resolution of the Ombudsman while there is nothing in the Rules of Court which states that a person investigated has the right to file a motion for reconsideration or reinvestigation before the information can be filed in court.

Question 7

Discuss the Tallado Case.

Answer 7

IMPORTANCE OF THE CASE

(1) A problem of judges that parties have the tendedncies of filing admin cases against judges if they don’t agree withg the ruling of judges , so what happens it affects the promotion or delayed benefits because of the case. This case provided a remedy for that.

(2) Iif the party has a judicial remedy. (certiorari apeal MR) - exhaust all judicial remedies in JIB directed to dismiss the case , but if there is no more, then pwede na I-continue if mali naman si judge.

Question 8

What are the qualifications of an RTC Judge?

Answer 8

QUALIFICATIONS OF AN RTC JUDGE

(1) a natural born citizen of the Philippines
(2) at least thirty-five years of age
(3) at least ten years, has been engaged in the practice of law in the Philippines requiring admission to the practice of law as an indispensable.
(4) a person of proven competence and independence
(Competency with studies and Integrity by not having any Complaints filed against him.

Question 12

Lim v. Dumlao

Answer 12

Charge: Gross Ignorance of the Law and Grave Abuse of Authority
Reason:
(1) for granting petitions for bail bonds for cases that are outside his jurisdiction.
(2) Apart from the instant case, there were 5 other cases of a similar nature found against the respondent judge.
(3) He refused to comment on the complaint but.

Ruling
GUILTY he should be liable
SC Reasons:
(1) MTC judge has no authority to grant bail to an accused arrested outside of his territorial jurisdiction.
(2) A judge who approves applications for bail of accused whose cases were not only pending in other courts but who were, likewise, arrested and detained outside his territorial jurisdiction is guilty of gross ignorance of the law and violates Rule 3.01 of the Code of Judicial Conduct.

NOTE:
Purpose of rules of procedure to ensure the speedy and efficient administration of justice.
Failure to abide undermines the wisdom behind them and diminishes respect for the law.
Judges should ensure strict compliance therewith at all times in their respective jurisdictions.
Respondent judge was suspended for 6 months without salary and other benefits. He was also fined for his failure to file a comment on the complaint filed against him.

What are the qualifiations of an RTC Judge?
(1) a natural born citizen of the Philippines
(2) at least thirty-five years of age
(3) at least ten years, has been engaged in the practice of law in the Philippines requiring admission to the practice of law as an indispensable.
(4) a person of proven competence independence

Question 13

Republic v. Maria Lourdes Sereno

Answer 13

Republic v. Maria Lourdes Sereno
The 2 judges had an issue with each other in UP when they were law professors.
When judge Jardileza ran for Sc, Jardileza had to file a case to be included in the list.
3 reasons why Justice Jardileza should inhibit himself from ruling
(1) Sereno committed treason
(2) inhumane actions during his

SECTION 5 CANON 3
Consanguinity 6th civil degree
Financial interest
Methodology

Question 14

What is Section 5, Canon 3 of the New Code of Judicial Conduct?

Answer 14

What is Section 5, Canon 3 of the New Code of Judicial Conduct?

CANON 3 Impartiality

Impartiality is essential to the proper discharge of the judicial office. It applies not only to the decision itself but also to the process by which the decision is made.

Such proceedings include, but are not limited to instances where:

u(a) The judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the proceedings

u(b) The judge previously served as a lawyer or was a material witness in the matter in controversy

u(c) The judge, or a member of his or her family, has an economic interest in the outcome of the matter in controversy

u(d) The judge served as executor, administrator, guardiian, trustee or lawyer in the case or matter in controversy, or a former associate of the judge served as counsel during their association, or the judge or lawyer was a material witness therein

u(e) The judge’s ruling in a lower court is the subject of review

u(f) he judge is related by consanguinity or affinity to a party litigant within the sixth civil degree or to counsel within the fourth civil degree

u(g) The judge knows that his or her spouse or child has a financial interest, as heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceedings

Question 15

What is Canon 1 of the New code of Judicial Conduct 2007?

Answer 15

CANON 1: INDEPENDENCE

Judicial independence is a pre-requisite to the Rule of Law and a fundamental guarantee of a fair trial. A judge shall, therefore, uphold and exemplify judicial independence in both its individual and institutional aspects.

Question 16

What is Section 1, Canon 1 of the New code of Judicial Conduct 2007?

Answer 16

Canon 1, Section 1

Judges shall exercise the judicial function independently on the basis of their assessment of the facts and in accordance with a conscientious understanding of the law, free of any extraneous influence, inducement, pressure, threat or interference, direct or indirect, from any quarter or for any reason.

Question 17

What is Section 2, Canon 1 of the New code of Judicial Conduct 2007?

Answer 17

Canon 1, Section 2

In performing judicial duties, judges shall be independent from judicial colleagues in respect of decisions which the judge is obliged to make independently.

Question 18

What is Section 3, Canon 1 of the New code of Judicial Conduct 2007?

Answer 18

Canon 1, Section 3

Judges shall refrain from influencing in any manner the outcome of litigation or dispute pending before another court or administrative agency.

Question 19

What is Section 4, Canon 1 of the New code of Judicial Conduct 2007?

Answer 19

Canon 1, Section 4

Judges shall not allow family, social or other relationships to influence judicial conduct or judgment. The prestige of judicial office shall not be used or lent to advance the private interests of others, nor convey or permit others to convey the impression that they are in a special position to influence the judge.

Question 20

What is Section 5, Canon 1 of the New code of Judicial Conduct 2007?

Answer 20

Canon 1, Section 5

Judges shall not only be free from inappropriate connections with, and influence by, the executive and legislative branches of government, but must also appear to be free therefrom to a reasonable observer.

Question 21

What is Section 6, Canon 1 of the New code of Judicial Conduct 2007?

Answer 21

Canon 1, Section 6

Judges shall be independent in relation to society in general and in relation to the particular parties to a dispute which he or she has to adjudicate.

Question 22

What is Section 7, Canon 1 of the New code of Judicial Conduct 2007?

Answer 22

Canon 1, Section 7

Judges shall encourage and uphold safeguards for the discharge of judicial duties in order to maintain and enhance the institutional and operational independence of the Judiciary.

Question 23

What is Section 8, Canon 1 of the New code of Judicial Conduct 2007?

Answer 23

Canon 1, Section 8

Judges shall exhibit and promote high standards of judicial conduct in order to reinforce public confidence in the Judiciary, which is fundamental to the maintenance of judicial independence.

Question 24

What is Canon 2 of the New code of Judicial Conduct 2007?

Answer 24

CANON 2: INTEGRITY

Integrity is not only Essential to the proper discharge of the judicial office, but also to the personal demeanor of judges.

Answer 25

Canon 2, Section 1

Judges shall ensure that not only is their conduct above reproach, but that it is perceived to be so in the view of a reasonable observer.

Answer 26

Canon 2, Section 2

The behavior and conduct of judges must reaffirm the people’s faith in the integrity of the judiciary. Justice must not merely be done but must also be seen to be done.

Answer 27

Canon 2, Section 3

Judges should take or initiate appropriate disciplinary measures against lawyers or court personnel for unprofessional conduct of which the judge may have become aware.

Answer 28

CANON 3: IMPARTIALITY

Impartiality is essential to the proper discharge of the judicial office.

It applies not only to the decision itself but also to the process by which the decision is made.

Answer 29

Canon 3, Section 1

Judges shall perform their judicial duties without favor, bias or prejudice.

Answer 30

Canon 3, Section 2

Judges shall ensure that his or her conduct, both in and out of court, maintains and enhances the confidence of the public, the legal profession and litigants in the impartiality of the judge and of the judiciary.

Answer 31

Canon 3, Section 3

Judges shall, so far as is reasonable, so conduct themselves as to minimize the occasions on which it will be necessary for them to be disqualified from hearing or deciding cases.

Answer 32

Canon 3, Section 4

Judges shall not knowingly, while a proceeding is before or could come before them, make any comment that might reasonably be expected to affect the outcome of such proceeding or impair the manifest fairness of the process. Nor shall judges make any comment in public or otherwise that might affect the fair trial of any person or issue.

Answer 33

Canon 3, Section 5

Judges shall disqualify themselves from participating in any proceedings in which they are unable to decide the matter impartially or in which it may appear to a reasonable observer that they are unable to decide the matter impartially. Such proceedings include, but are not limited to, instances where:

Answer 34

Canon 3, Section 6

A judge disqualified as stated above may, instead of withdrawing from the proceeding, disclose on the records the basis of disqualification. If, based on such disclosure, the parties and lawyers, independently of the judge’s participation, all agree in writing that the reason for the inhibition is immaterial or unsubstantial, the judge may then participate in the proceeding. The agreement, signed by all parties and lawyers, shall be incorporated in the record of the proceedings.

Answer 35

CANON 4: PROPRIETY

Integrity is essential not only to the proper discharge of the judicial office, but also to the personal demeanor of judges.

Answer 36

Canon 4, Section 1

Judges shall avoid impropriety and the appearance of impropriety in all of their activities.

Answer 37

Canon 4, Section 2

As a subject of constant public scrutiny, judges must accept personal restrictions that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly. In particular, judges shall conduct themselves in a way that is consistent with the dignity of the judicial office.

Answer 38

Canon 4, Section 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.

Answer 39

Canon 4, Section 4

Judges shall not participate in the determination of a case in which any member of their family represents a litigant or is associated in any manner with the case.

Answer 40

Canon 4, Section 4

Judges shall not allow the use of their residence by a member of the legal profession to receive clients of the latter or of other members of the legal profession.

The rationale for this section is the same as that of Section 3. The high tribunal held that it was inappropriate for a judge to have entertained a litigant in his house particularly when the case is still pending before his sala.

Answer 41

Canon 4, Section 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.

Answer 42

Canon 4, Section 7

Judges shall inform themselves about their personal fiduciary and financial interests and shall make reasonable efforts to be informed about the financial interests of members of their family.

Answer 43

Canon 4, Section 8

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 of anyone else, nor shall they convey or permit others to convey the impression that anyone is in a special position improperly to influence them in the performance of judicial duties.

Answer 44

Canon 4, Section 9

Confidential information acquired by judges in their judicial capacity shall not be used or disclosed for any other purpose related to their judicial duties.

Answer 45

Canon 4, Section 10

Subject to the proper performance of judicial duties, judges may:

(a) Write, lecture, teach and participate in activities concerning the law, the legal system, the administration of justice or related matters;

(b) Appear at a public hearing before an official body concerned with matters relating to the law, the legal system, the administration of justice or related matters;

(c) Engage in other activities if such activities do not detract from the dignity of the judicial office or otherwise interfere with the performance of judicial duties.

Answer 46

Canon 4, Section 11

Judges shall not practice law whilst the holder of judicial office.

This prohibition is based on the inherent incompatibility of the rights, duties and functions of the office of an attorney with the powers, duties and functions of a judge

Philippine courts not only prohibit judges from overtly representing clients as counsel of record, but also from acting more subtly in a way more befitting an advocate than a judge.

Candia v. Tagabucha, 79 SCRA 52

Answer 47

Canon 4, Section 12

Judges may form or join associations of judges or participate in other organizations representing the interests of judges

Answer 48

Canon 4, Section 13

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 omitted to be done by him or her in connection with the performance of judicial duties.

Answer 49

Canon 4, Section 14

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, to be done or omitted to be done in connection with their duties or functions.

Answer 50

Canon 4, Section 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 be reasonably perceived as intended to influence the judge in the performance of official duties or otherwise give rise to an appearance of partiality.

Question 51

What is Canon 5 of the New Code of Judicial Ethics?

Answer 51

Canon 5. Equality - Ensuring equality of treatment to all before the courts are essential to the due performance of the judicial office.

Question 52

What is Section 1 of Canon 5 of the New Code of Judicial Ethics?

Answer 52

Canon 5, Section 1 - Judges shall be aware of, and understand, diversity in society and differences arising from various sources, including but not limited to race, color, sex, religion, national origin, caste, disability, age, marital status, sexual orientation, social and economic status and other like causes.

Question 53

What is Section 3 of Canon 5 of the New Code of Judicial Ethics?

Answer 53

Canon 5, Section 3 - Judges shall carry out judicial duties with appropriate consideration for all persons, such as the parties, witnesses, lawyers, court staff and judicial colleagues, without differentiation on any irrelevant ground, immaterial to the proper performance of such duties.

Question 54

What is Section 4 of Canon 5 of the New Code of Judicial Ethics?

Answer 54

Canon 5, Section 4 - Judges shall not knowingly permit court staff or others subject to his or her influence, direction or control to differentiate between persons concerned, in a matter before the judge on any irrelevant ground.

Question 55

What is Section 5 of Canon 5 of the New Code of Judicial Ethics?

Answer 55

Canon 5, Section 5 - Judges shall require lawyers in proceedings before the court to refrain from manifesting, by words or conduct, bias or prejudice based on irrelevant grounds, except such as are legally relevant to an issue in proceedings and may be the subject of legitimate advocacy.

Question 56

What is Canon 6 of the New Code of Judicial Ethics?

Answer 56

Canon 6 - Competence and Diligence are pre-requisites of a judicial officer because the judge becomes the visible representation of law and justice.