Breach of Duties to the Bar

NEW CODE OF JUDICIAL CONDUCT

CANON 1 - INDEPENDENCECANON 2 - INTEGRITYYCANON 3 IMPARTIALITYCANON 4 - PROPRIETYCANON 5 EQUALITYCANON 6 - COMPETENCE AND DILIGENCEUPHOLDING THE INTEGRITY AND INDEPENDENCE OF JUDICIARY

B. AVOIDING IMPROPRIETY OR APPEARANCE THEREOF

By: IMELDA A. BUSTO

AVOIDING IMPROPRIETY OR APPEARANCE THEREOF

21. FREE FROM IMPROPRIETY & APPEARANCE THEREOFAvoid not just impropriety in their conduct but even the mere appearance of impropriety.Not only in the performance of duties but all activities including their private life.Maintain high ethical principles and a sense of propriety.Should not only be impartial, independent and honest but should be perceived to be impartial, independent and honest as well.It is thus, improper to meet privately with the accused without the complainant.

32. Exhibit the cold neutrality of impartial judge.Judicial Conduct requires that judges should avoid impropriety and the appearance of impropriety in all activities. Show, in the discharge of judicial function, the cold neutrality of an impartial judge.Should be believed and perceived to be impartial, independent and honest.Should avoid action which would subject him to suspicion of interest in a case in court.

3. Judges demeanor in social functionsIn the performance of judicial duty, it is not necessary that A judge should live in retirement or seclusion.It is desirable that he continue to mingle in social intercourse, and in his interest or appearance at meetings of members of the Bar.However, he should be scrupulously careful to avoid such action which may tend to waken the suspicion that his social relations constitute an element in determining social justice. A judges behaviour in his everyday life should be beyond reproach.C. PERFORMANCE OF DUTIESGenerally, a judge should be attentive, impartial and since he is to administer the law and apply it to the facts, he should be studious of the principles of law;Knowledgeable in procedural rules and diligent in endeavoring the facts. He should have moral and intellectual courage and independence in the discharge of his duties.He should do honor to his position by rendering just, correct and impartial decisions.

1. A judge should be a man of learning.Judicial conduct requires that a judge shall be faithful to the law and maintain professional competence.The Court has not been remised in reminding judges to exert diligent efforts in keeping abreast with developments in jurispudence. The process of learning the law and the legal system is a never-ending endeavor, hence, judges should always be vigilant in their quest for knowledge so they could discharge their duties and responsibilities with zeal and fervor. (Ofc, of the Court Adm. v. Mendoza)Learning process in law does not stop upon graduation from college and admission to Bar. It is a continuing process, which is expected more on judges.

2. A judge should be a visible representation of law and justice

Be the first to abide by the law and weave an example for the others to follow.Be careful of himself to avoid even the slightest infraction of the law, lest it be a demoralizing example to others.When a judge himself becomes a transgressor of any law, he places his office in disrepute, encourages disrespect for the law and impairs public confidence in the integrity of the Judiciary itself, as well as the legal system, deserves disciplinary action. (Vedana v. Valencia)

82. Fitting dignity and decorumConduct proceedings in court with fitting dignity and decorum To reflect the importance and seriousness of the inquiry to ascertain the truth.Should show no shortness of temper, and be temperate and patient instead.Should not permit the taking of pictures in the court room during sessions or recesses, broadcasting or televising court proceedings. (distract the witness, degrade the court and create misconceptions with respect thereto in the mind of the people)

3. Attitude toward lawyers, litigants or witnessesCourteous to counsel, esp. those who are young and inexperienced.Considerate of witnesses and others in attendance upon his court.Be courteous and civil, as it is unbecoming of a judge to utter intemperate language during hearingHe should not interrupt counsel in their arguments except to clarify his mind as to their positions

4. Judge should not resort to intemperate language.Those who don the judicial robe are expected to be restrained and sober in their speech.A judges language, both written and spoken, must be guarded and measured lest the best of intentions be misconstrued.The duty to maintain respect for the dignity of the court applies to members of the bar and bench alike. A judge should be courteous both in his conduct and in his language esp. to those appearing before him (Ruiz v. Bringas, 330 SCRA 62 (2000))

5. Questioning witnessesA judge may properly intervene in presentation of evidence to expedite and prevent unnecessary waste of time.He may question a witness to clarify obscure and incomplete details after he has given his direct testimony or in the course thereof.But should be limited to asking clarificatory questions Should be used sparingly and judiciously.

6. Undue interference in questioning witnessesWhat is proscribed is undue interference by propounding questions to witnesses which will affect or tend to build or bolster the case for one of the partiesCold neutrality of an impartial judge should always be observedHis overzealousness might result to his assuming the dual role of magistrate and advocate.

Compulsory disqualification of a judgeSec 1 of Rule 137 of Rules of Court states that no judge or judicial officer shall sit in cases where:He, his wife or child is pecuniarily interested as heir, legatee, creditor,or otherwise, orHe is related to either party within the 6th degree of consanguinity or affinity or to counsel up to 4th degree, computed accdg to rules of civil law, or He has been executor administrator, guardian, trustee or counsel , or He has presided in any inferior court when his decision is the subject of reviewFor just and valid reasons other than mentioned above, which he voluntarily disqualifies himself.

Effects of continuing with the case without written consent of all partiesJudge is deprived of his authority to continue to hear and decide the case. It does not, however, divest the court of jurisdiction. Thus, if judgment is set aside as null and void, the nullity stems from the absence of authority, not by lack of jurisdictionMaybe held administratively liable therefore, except when all parties concerned have given their written consent.Voluntary DisqualificationWhen suggestion is made of record that he might act in favor of one partyWith bias or prejudice against a litigant arising of circumstances reasonably capable of inciting such a state of mind, he should conduct a careful self-examinationA salutatory norm is he reflect on the probability that a losing party might nurture at the back of his mind that the judge had unmeritoriously tilted the scales of justice against him.Thus, when he resolve to voluntarily desist, it prevents not only a conflict, but also the appearance of impropriety on the part of the judge. However, bias and objectivity as a ground for disqualification of a judge has to be proved, can not be presumed.

Procedure for Disqualification

Sec. 2 of Rule 137 of the Rules of Court provides that:1. The party objecting to his competency may, in writing, file with the official his objection, stating the grounds therefor.2. The official shall proceed with the trial or withdraw therefrom in accordance with his determination of the question of his disqualification.3. His decision shall be made in writing and filed with the other papers in the case.4. No appeal or stay shall be allowed from, or by means of, his decision in favor of his own competency, until final judgment in the case.Prompt disposition of casesOrganize his court with a view to prompt and convenient dispatch of businessBe punctual in the performance of his dutiesExhibit an industry and application commensurate with the duties imposed upon him esp. those cases which the law requires to be expeditiously heard and decided.Habits of indecision must be sedulously overcome.18Art. VIII Sec 15 of the Constitution provides that:Cases must be decided or resolved within 24 months from the date of submission to the SC12 months for all lower collegiate courts3 months for all lower courts.Case deemed submitted for decision upon filing of last pleading, brief, or memorandum required by ROCTherefore, a judge can not sit on the case and resolve it on his own sweet time.Adjudication of casesEndeavor diligently to ascertain the facts and applicable law unswayed by partisan or personal interests, public opinion or fear of criticism.In deciding cases, a judge should apply the law to particular instance.The reason is that once the Supreme Court has spoken, all other courts must be guided by its decision.Should administer his office with due regard to the integrity of the system of law itself, he not being a depository of arbitrary power but a judge under the sanction of law.Should hear both sides with patience and understanding before he renders decision. Adjudicate accordingly based on the conclusions he finds established with only his conscience and knowledge of the law to guide him.Dispensation of criminal justiceShould be imbued with a high sense of duty and responsibility the discharge of his obligation to promptly, properly and impartially administer justice.His action must not impair the rights of the State and the offended part to due process of law to enable the guilty to escape unpunished.Should be guided by the truism that it is better that 10 guilty persons escape than one innocent suffer.

Rendition of judgmentIndicate the reasons for his action in opinions showing that he has not disregarded or overlooked serious arguments of cousel.Show full understanding of the caseAvoid the suspicion of arbitrary conclusionPromote confidence in his intellectual integrity and contribute useful precedent to the growth of law.State clearly the facts and the law on which the judgment is based.

Rendition of Judgment, con t. In the dispositive portion, he should spell out clearly, distinctly and unequivocally the adjudication of the rights and obligations of the parties, disposition made, directives and instructions given, leaving no room for dispute, debate or interpretation.A judge should write his decision meeting the requirements of a judgment, that is, stating the facts and the law upon which the conclusions of the judge are based.Promulgation, part of decision making, signifies that judge/s who signed the decision continued to support it.23ACTIVITIES OTHER THAN DISCHARGE OF JUDICIAL FUNCTIONSPersonal or private relations, generallyShould be above reproach and free from the appearance of improprietyShould maintain high ethical principles and sense of proprietyShould not accept inconsistent dutiesShould not incur obligations, pecuniary or otherwise, which will interfere with his devotion to expeditious and proper administration of his official functions.

Personal or private relations, cont.Avoid giving ground for any reasonable suspicion of using the power and prestige of his officeShould not engage in private business without the written permission of the SCShould not willfully refuse to pay his debt.He should not solicit for charities.

Judge should not practice lawProhibits engaging in private practice as a member of the bar or giving professional advice to clients.Based on sound reasons of public policyDuties of an attorney-at-law are so inherently incompatible with the high judicial functions of a judgeShould not permit a law firm where he was formerly a member to continue to carry his nameGenerally, appointment or election of an attorney to govt office disqualifies him from private practice of law.

Personal investments

Abstain from making personal investments in enterprises which are apt to be involved in litigation.A judge violates the rules by posting ads for restaurant personnel in the court bulletin board using his court address to receive applications for employment in family business. (Dionisio v. Escano)He violates this rule when he lends money at unconscionable interests and files suits for collection at the place where is a judge. Such action merits severe reprimand. (Javier v. de Guzman)Prohibited acts and transactionsSec. 7 of RA 6713 provides that the following shall constitute prohibited acts:Financial and material interest Outside employment and other activities related thereto; Own, control, manage of accept employment as officer, employee, etc in any private enterprise related, supervised or licensed by their officeEngage in the private practice of their professionRecommend any person to any position in a private enterprise which has a regular or pending official transaction with their office.Prohibition applies even for a period of one year after resignation, retirement or separation from public office.

Restriction against accepting certain employmentUse of his public office to promote or advance his private interests extends beyond his tenure on any matter in which he intervened as a public official Prohibits accepting employment in a private enterprise which has pending official business with him during the pendency or within one year after its termination.Prohibits any former public official for a period of one year after retirement or separation to practice his profession.Sec 1 of RA 910 condition of receiving pension of a retiring judge not to appear as counsel where Govt or any subdivision hereof is the adverse party, or collect appearance fee in any administrative proceedings to maintain an interest adverse to the govt. Prohibition against soliciting gifts(Sec 7(d) of RA 6713)Public officials and employees shall not solicit or accept, directly or indirectly gifts or anything of money value from any person in the course of their official dutiesHowever, Congress consents to gifts or grants from foreign govts; of nominal value as a souvenir or mark of courtesy; scholarship, fellowship grant or medical treatment; travel grants or expenses outside the Phils of more than nominal valueA judge violates this when he accepts the free use for a year of a car, his availment for free battery recharging for the shop of a litigant who has a pending case before him. (Capuno v. Jaramillo, Jr.)Restriction against using public office to promote private interest

A lawyer shall not use his public position to promote or advance his private interests nor allow the latter to interfere with his public duties.Financial disclosure and divestment

Public officials and employees have an obligation to accomplish and submit declarations under oath of their assets, libilities, networth,and finl business interests (spouses and minor children living with them)SALN shall be submitted within 30 days from assumption of office and every April 30, thereafterIdentification and disclosure of relatives in the GovernmentThese documents shall be made available for inspection at reasonable hours for a period of 10 yrs after receipt.To avoid conflict of interest, public official or employee divest himself of his shareholdings or interest within 60 days from assumption of office.Not applicable to govt officials in honorary capacity nor to laborers, casual or temporary employees.

Extra-judicial appointmentsA judge shall not accept appointment or designation to any agency performing quasi-judicial or administrative functions.Quasi-judicial term applied to actions or discretions of public admin. Officers required to investigate facts, hold hearings and draw conclusions as basis for their action.Prohibition against partisan political activitiesNO officer or employee in the civil service shall engage, directly or indirectly, in any electioneering or partisan political activity.Municipal Judge acting as a notary public

Municipal judges may not engage in notarial work except notaries public ex-officio.As notaries public ex-officio, they may engage only in the notarization of documents connected with the exercise of their official functions.They may not undertake the preparation and acknowledgment of private documents, contracts, etc. which bear no relation to the performance of their functions as judges.Exception: In far-flung areas with no lawyers and notaries public Provided that:Notarial fees charged be for the acct of the govtCertification be made in notarized docs attesting to the lack of lawyers or notaries in such mun.

THE END THANK YOU!

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