Judicial Ethics Notes

 Judicial Ethics Ethics (Appendix  (Appendix F page 498 Pineda) Feb 18, 2015  Judicial Ethics Ethics eaning eaning -branch of moral science w/c treats of the right and proper conduct to be observed by the judges in administering justice -a legal and moral mechanism that keeps and maintains the trust and condence of the people in the judicial system

!hat is the i"p#$tance% -administration -administration of justice is a joint responsibility responsibility of the judge and the lawyer

A &#' 00501 -New Code of Judicial Conduct for the Philippine Judiciary -took eect on June !" #$$% -adopts the &niversal 'eclaration for (thical Conduct of Judges in the )angalore 'raft held at the *ague Convention

Pu$p#se -

+ee pream preambl ble e !,, !,, Judic Judicial ial Code Code of of Cond Conduct uct

&E! *#de #+ Judicial *#nduct -. Cardinal alues 0ndependence" 0ndependence" integrity" impartiality" propriety" e1uality" competence and diligence *an#n 1 ndependence -guarantee of fair trial -judge shall therefore uphold and e2emplify judicial independence in both individual and institutional aspect P#ssible -#u$ces #+ n.uence -internal- biases" prejudices" preconceived notions -e2ternal-e2ternal- political" social" familial 34egardless of good relations" camaraderie and companerismo among  judges" they shall shall not be in5uenced in5uenced by their their fellow judges judges insofar as decisions they have to make independently6 independently6 P Pakikisama" &tang na 7oob 8+upreme Court e2planation in their Primer9

Collegiate Court- team" not a single judge court" by division" Section 2 still applicable

-ecti#n  Exa"ple : ;he judge wrote to the N74C Commissioners to tell them that his wifenswer: +till violates section ? because it tends to in5uence @hat is FA/% -related by blood or marriage within the A th civil degree -as well as companions or employees of the judge -live-in partner of judge @*B Ath degree -to acknowledge the Dilipino tradition that we have a big family

-ecti#n 5 (&e -ecti#n) 3Ebut must also appear to be free therefrom to a reasonable observer6 3FFconsidering that the appointments" promotions and movements of judges are subject to e2ecutive approval" and that the org" budget and resources of the judiciary are matters that re1uire legislative grace6 >llowances from 7G&s  B(+F >llowed because if we 8judiciary9 just have to depend on our budgetE must not be e2orbitant

-ecti#n  (&e -ecti#n) -ecti#n 8 3conduct of judges" in or out of court" should be beyond reproach as they are the visible representations of law and of the judiciary6 *an#n 2 nteg$it3 -3judges have been discipline for lack of good moral character" both in their public and private capacities6 ->ccepting bribesH going to cockpits" casinos" racetracks to bet on horsesH fraterniIing w/ litigants and their lawyersH delay in rendering decisionsH ignorance of the law

gn#$ance #+ the /a -is a mark of competenceH and where the law involved is elementary" ignorance thereof is considered an indicium of lack of integrity

-3the judge is either too incompetent and undeserving of the title he holds" or he is to vicious that the oversight was deliberately done resulting to a travesty of justice6

-ecti#n 2 3Judges must not only render just" correct and impartial decisions" but must do so in a manner free of any suspicion as to their fairness" impartiality and integrity6 -ecti#n  3judges are administrators ofEF