Legal and judicial ethics

3
B. New Code of Judicial Conduct (A.M. No. 03-05-01-SC, June 1, 2004) This is based on the 2002 Bangalore Draft, as amended, which was intended to be the Universal Declaration of Judicial Standards applicable in all judiciaries. This New Code of Judicial conduct supersedes the Canons of Judicial Ethics and the Code of Judicial Conduct, but the latter may still apply in a suppletory character in case of deficiency or absence of provisions in the New Code. Case: 121. Joaquin vs. Javellana, AM RTJ-00- 1601, November 13, 2001 - Ruaya “"..a judge's official conduct and his behavior in the performance of judicial duties should be free from the appearance of impropriety and must be beyond reproach. One who occupies an exalted position in the administration of justice must pay a high price for the honor bestowed upon him, for his private as well as his official conduct must at all times be free from the appearance of impropriety. Because appearance is as important as reality in the performance of judicial functions, like Caesar's wife, a judge must not only be pure but also beyond suspicion. x x x" 1. DEFINITIONS In this Code, unless the context otherwise permits or requires, the following meanings shall be attributed to the words used: “Court staff” includes the personal staff of the judge including law clerks. “Judge” means any person exercising judicial power, however designated. “Judge’s family” includes a judge’s spouse, son, daughter, son-in-law, daughter-inlaw, and any other relative by consanguinity or affinity within the sixth civil degree, or person who is a companion or employee of the judge and who lives in the judge’s household. 2. Canons a. 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. i. Sec 1 – Independent judicial function ii. Sec 2 – outside pressure iii. Sec 3 – influencing outcome of litigation iv. Sec 4 – influence on judicial conduct v. Sec 5 – independence from executive and legislative vi. Sec 6 – independence from society and particular parties vii. Sec 7 – safeguards for judicial independence viii. Sec 8 – promote public confidence Cases: 122. Ramirez v.Corpuz-Macandong, AM R-351- RTJ, September 26, 1986 123. Libarios v. Dabalos, AM RTJ-89-286, July 11, 1991 124. Sabitsana Jr. v. Villamor, AM 90-474, October 4, 1991 - 125. Rivera v. Barro, AM 2003-CTJ, February 28, 1980 - 126. Tan v. Rosete, AM MTJ-04-1563, September 8, 2004 - 127. Salud v. Alumbres, AM RTJ-00-159, June 23, 2003 – b. Canon 2 – Integrity Integrity is essential not only to the proper discharge of the judicial office but also to the personal demeanor of judges. i. Sec 1 – Conduct above reproach ii. Sec 2 – Reaffirm people’s faith iii. Sec 3 – Disciplinary action Cases: 128. Anonymous v. Judge Rio C. Achas, MTCC Branch 2, Ozamiz City, Mis Occ, AM MTJ-11- 1801, February 27, 2013 129. Rallos v. Gako, AM RTJ-98-1484, March 17, 2000 – 130. Manzon v. Judge Perello, AM RTJ-02- 1686, May 7, 2004- c. 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. i. Sec 1 – Judicial duties free from bias ii. Sec 2 – promote confidence, impartiality

description

Judicial Conduct

Transcript of Legal and judicial ethics

Page 1: Legal and judicial ethics

B. New Code of Judicial Conduct (A.M. No. 03-05-01-SC, June 1, 2004)This is based on the 2002 Bangalore Draft, as amended, which was intended to be the Universal Declaration of Judicial Standards applicable in all judiciaries.This New Code of Judicial conduct supersedes the Canons of Judicial Ethics and the Code of Judicial Conduct, but the latter may still apply in a suppletory character in case of deficiency or absence of provisions in the New Code.Case:121. Joaquin vs. Javellana, AM RTJ-00-1601, November 13, 2001 - Ruaya“"..a judge's official conduct and his behavior in the performance of judicial duties should be free from the appearance of impropriety and must be beyond reproach. One who occupies an exalted position in the administration of justice must pay a high price for the honor bestowed upon him, for his private as well as his official conduct must at all times be free from the appearance of impropriety. Because appearance is as important as reality in the performance of judicial functions, like Caesar's wife, a judge must not only be pure but also beyond suspicion. x x x"1. DEFINITIONSIn this Code, unless the context otherwise permits or requires, the following meanings shall be attributed to the words used:“Court staff” includes the personal staff of the judge including law clerks.“Judge” means any person exercising judicial power, however designated.“Judge’s family” includes a judge’s spouse, son, daughter, son-in-law, daughter-inlaw, and any other relative by consanguinity or affinity within the sixth civil degree, or person who is a companion or employee of the judge and who lives in the judge’s household.2. Canonsa. Canon 1 – IndependenceJudicial 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.i. Sec 1 – Independent judicial functionii. Sec 2 – outside pressureiii. Sec 3 – influencing outcome of litigationiv. Sec 4 – influence on judicial conductv. Sec 5 – independence from executive and legislativevi. Sec 6 – independence from society and particular partiesvii. Sec 7 – safeguards for judicial independenceviii. Sec 8 – promote public confidenceCases:122. Ramirez v.Corpuz-Macandong, AM R-351-RTJ, September 26, 1986 123. Libarios v. Dabalos, AM RTJ-89-286, July 11, 1991 124. Sabitsana Jr. v. Villamor, AM 90-474, October 4, 1991 - 125. Rivera v. Barro, AM 2003-CTJ, February 28, 1980 - 126. Tan v. Rosete, AM MTJ-04-1563, September 8, 2004 - 127. Salud v. Alumbres, AM RTJ-00-159, June 23, 2003 – b. Canon 2 – IntegrityIntegrity is essential not only to the proper discharge of the judicial office but also to the personal demeanor of judges.i. Sec 1 – Conduct above reproachii. Sec 2 – Reaffirm people’s faithiii. Sec 3 – Disciplinary action

Cases:128. Anonymous v. Judge Rio C. Achas, MTCC Branch 2, Ozamiz City, Mis Occ, AM MTJ-11-1801, February 27, 2013 129. Rallos v. Gako, AM RTJ-98-1484, March 17, 2000 – 130. Manzon v. Judge Perello, AM RTJ-02-1686, May 7, 2004- c. Canon 3 – ImpartialityImpartiality 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.i. Sec 1 – Judicial duties free from biasii. Sec 2 – promote confidence, impartialityiii. Sec 3 – minimize instances of disqualificationiv. Sec 4 – public comments, pending and impending casev. Sec 5 – disqualificationsvi. Sec 6 – Remittal of disqualificationsCases:131. Atty. Melvin D.C. Mane v. Judge Belen, AM No. RTJ-0802119, June 30, 2008 132. SB of Taguig, MM v. Judge Santiago Estrella, AM 01-1608-RTJ, January 16, 2001 133. Parayno v. Menese, GR 112684, April 26, 1994 - 134. Martinez v. Giorenella, GR L-37635, July 22, 1975 -135. Chavez v. Public Estates Authority, GR 133250, May 6, 2003d. Canon 4 – ProprietyPropriety and the appearance of propriety are essential to the performance of all the activities of a judge.i. Sec 1 - Avoid impropriety and the appearance of improprietyii. Sec 2 - Accept personal restrictions; conduct consistent with the dignity of judicial office.iii. Sec 3 - Avoid suspicion or appearance of favoritism or partiality.iv. Sec 4 - Not participate in a case where any family member represents a litigantv. Sec 5 - Not allow lawyers to use residence to receive clients or lawyersvi. Sec 6 - Always conduct themselves to preserve the dignity of the judicial officevii. Sec 7 – Be informed personal fiduciary and financial interestsviii. Sec 8 - Not to use or lend the prestige of judicial office to advance their private interestsix. Sec 9 – Not to use or disclose confidential informationx. Sec 10 - Judges may (a) Write, lecture, teach and participate in activities, (b) Appear at a public hearing before an official body concerned with legal matters, (c) Engage in other allowed activitiesxi. Sec 11 – Not to practice law concurrent with judicial office.xii. Sec 12 - Form or join associations of judgesxiii. Sec 13 - Neither ask for, nor accept, any gift, bequest, loan or favorxiv. Sec 14 – Not to knowingly permit court staff or others to ask for, or accept, any gift, bequest, loan or favorxv. Sec 15 – May receive token gifts subject to lawCases:136. OCA v. Paderanga, AM RTJ-01-1660, August 25, 2005 -137. J. King and Sons v. Hontanosas, 438 SCRA 264 - 138. Re: Judge Edmundo Acuna, 464 SCRA 250 -

Page 2: Legal and judicial ethics

139. Manansala III v. Asdala, AM RTJ-05-1916, May 10, 2005140. In re: Designation of Judge Rodolfo Manzano, AM 88-7-1861-RTC, October 5, 198 141. Decena ,et al. v. Judge Malanyaon, AM RTJ-10-2217, April 8, 2013 - 142. Dulay v. Lelina, AM RTJ-99-1516, July 14, 2005 e. Canon 5 – EqualityEnsuring equality of treatment to all before the courts is essential to the due performance of the judicial office.i. Sec 1 – Understand the diversity in societyii. Sec 2 – Not to manifest bias or prejudiceiii. Sec 3 – Not to differentiateiv. Sec 4 – Not to influence staffv. Sec 5 – Attitude to parties appearing in courtCases:143. Judge Dojillo, Jr. v. Ching, AM P-06-2245, July 31, 2009 144. Panes, Jr. v. Judge Dinopol, RTC, Br 24, Koronadal City, AM OCA-IPI 07-2618-RTJ, February 12, 2013 145. Atty. Gloria Lastimosa-Dalawampu v. Judge Yrastorza, AM RTJ-03-1793, 5 February 2004 146. Navarro v. Tormis, AM MTJ-00-1937, April 27, 2004 147. Mataga v. Rosete, AM MTJ-03-1488, October 13, 2004 f. Canon 6 – Competence and DiligenceCompetence and diligence are prerequisites to the due performance of judicial office.i. Sec 1 – Duties take precedenceii. Sec 2 – Perform administrative dutiesiii. Sec 3 – Maintain professional competenceiv. Sec 4 – Be informed about the lawv. Sec 5 – Prompt decision makingvi. Sec 6 – Maintain order in proceedingsvii. Sec 7 – Not to engage in conduct contrary to dutiesCases:148. The Officers and Members of the IBP Baguio-Benguet Chapter, et al v. Pamintuan, AM RTJ-02-1691, January 16, 2004 149. OCA v. Judge Villegas, AM RTJ-00-1526, June 3, 2004 - 150. Beso v. Daguman, 323 SCRA 566