Based on lectures of Judge Amy Rose Rellin
a judge to do his part.
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JUDICIAL ETHICS
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Dennis Funa- Legal and Judicial Ethics Book (reviewer)
Why study judicial ethics?
- judge and the lawyers are partners. When you become
lawyers, no matter how diligent you are, if the judicial
system is corrupt or if the judge is corrupt, there is still
no justice. Without lawyers, judges cannot do their jobs.
- It is your right as lawyers to demand nothing less from
judges.
Ethics
- good vs bad/ right or wrong
- We consider something is right or good when it
conforms with what he/she ought to do
- Presupposes a standard
Legal Ethics
- science treating of what an attorney ought to do in
relation to the court, to the client and to the public
Branch Ethics
- Branch of moral science which treats of the right and
proper conduct to be observed by judges in
administering justice; a legal and moral mechanism that
keeps and maintains the trust and confidence of the
people in the judicial system
- Continued existence of the court depends on the trust of
the public upon the judicial system
Is there a need to maintain the people’s trust in the
justice system?
Yes. otherwise, people will not go to court anymore. They
will resort to extra-legal means to settle their disputes. The
continued existence of the justice system depends on the
public’s trust in the court.
Importance to lawyers
The administration of justice is a joint responsibility of the
judge and the lawyer as the judge expects a lawyer to
HannahBlancs- EH501 Page 1 of 20
perform his role in the same manner that a lawyer expects
The New Code of Judicial Conduct for the Philippine
Judiciary
AM No. 03-05-01, June 1, 2004
It adopts the Universal Declaration for Ethical Conduct of
Judges embodied in the Bangalore Draft as revised at the
Round Table Conference of Chief Justices held at the
Hague on Nov 25-26, 2002. The Philippine Supreme Court
was represented by then CJ Davide and Senior Associate
Justice Puno. Then, the SC deemed it imperative to
promulgate a new code of Judicial CONduct to signify its
adherence to the Bangalore draft. So, we are adhering to
the universal conduct of justices and judges.
The new code does not repeal the old code.
Why come up with the new code?
- old law is still good law. In fact, most of the provisions of
the old code were just carried over and additions were
just placed
- We are adhering to this Universal Declaration to signify
our assent
The 1989 Code of Judicial Conduct
Preamble:
“An honorable, competent and independent judiciary exists
to administer justice and thus promote unity of the country,
the stability of the government ad the well-being of the
people. ”
In the New Code of Judicial Conduct
- it updates and correlates the Code of Judicial Conduct
and the Canons of Judicial Ethics
- It stresses the Philippines’ solidarity with the universal
clamour for a universal code of judicial ethics
Preamble:
1. Competent, independent and impartial judiciary is
essential if the courts are to fulfill their role in upholding
constitutionalism and the rule of law
2. Public confidence in the judicial system and in the moral
authority and integrity of the judiciary is of utmost
importance in a modern democratic society and;
3. It is essential that judges, individually and collectively,
respect and honor judicial office as a public trust and strive
to enhance and maintain confidence in the judicial system
7 Cardinal Values incorporated in 6 canons
1.Independence
2.Integrity
3.Impartiality
4.Propriety
5.Equality
6.Competence
7.Diligence
A Code of Ethics does not necessarily translate to ethical
judges
Without a code of ethics, anarchy will result. The job of a
judge always has its trying times such as when the judge
will have to consistently ask himself whether it is ethical or
legal. With the Code, judges will have a standard of
behavior. As such, it will preserve the judicial system.
Canon 1. INDEPENDENCE
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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.
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Individual and institutional independence must concur.
Institutional judicial independence
- it focuses on the independence of the judiciary as a
branch of government and protects judges as a class.
For instance, the judiciary must be independent from the
other 2 branches of the government.
Individual Judicial Independence
- focuses on each particular judge and seeks to insure his
or her ability to decide cases with autonomy.
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Sec. 1. Judges shall exercise the judicial function
independently on the basis of their assessment of facts and
conscientious understanding of the law, free from any
extraneous influence, inducement, pressure, threat or
interference, direct or indirect, from any quarter of for any
reason.
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HannahBlancs- EH501 Page 2 of 20
This is individual judicial independence. How should a
judge decide a case? Based on facts and law and not on
other extraneous variables. The influence isn’t really limited
to external factors.
There are 2 possible sources of influence, external (from
politicians, family members, friends) and internal (such as
pre-conceived notions and biases such as having tattoos).
A judge should be able to protect himself from those
influence.
Ex. Judge dismissed criminal case on vague grounds upon
his receipt of death threats, that is improper.
Ramirez v Corpuz-Mancadog (AM No. R-351-RTJ, Sept 26,
1986)
A judge acted improperly when she rendered rulings based
on directives from a government official. The judge in her
defense, said that it being a revolutionary government, she
succumbed to the pressure of the high-ranking official. Is
that a proper reason?
- NO. SC denounced the act as a patent betrayal of public
trust and revelation of weak moral character. This is an
example where the judge was found to NOT be
independent from other branches of the government.
Libarios v Dabalos, AM No. RTJ-89-286, July 11, 1991
Judge granted bail without hearing because there was an
overwhelming public support for the accused when there
was a rally held outside the court of the judge
- there was unjustified haste in such actions. A judge is
expected to endeavour to diligently ascertain the facts
and applicable law unswayed by partisan or personal
interest.
—————————————————————————————
Sec 2. In performing judicial duties, judges shall be
independent from judicial colleagues in respect of decision
which the judge is obliged to make independently.
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Regardless of good relations, camaraderie, and
compañerismo among judges, they shall not be influenced
by their fellow judges insofar as decisions they have to
make independently
Is this applicable to collegiate courts?
(courts which decide in division such as CA, CTA, SC,
Sandiganbayan, SC)
 Judges were advised to drop lawyer friends in social
Yes. There should still be individual independence from
judicial colleagues. That is why there are separate opinions.
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Sec 3. Judges shall refrain from influencing in any manner
the outcome of litigation or dispute pending before another
court or administrative agency.
—————————————————————————————
Sec 2 says do not be influenced while Sec 3 says do not
influence.
The prohibition is not limited to court proceedings but also
to other administrative agencies and tribunals. So judges
should never try to affect the outcome of a case.
In the bar, the judge wrote to NLRC Commissioner to tell
them that his wife’s allegations are not true in relation to a
case where the wife of the judge was a party. Judge’s
defense was that he had a noble intention which was to
promote the truth. Is that proper?
- No. That is a form of affecting the outcome of litigation
and influencing the NLRC Commissioner in their decision-
making.
OCA v Judge Floro AM No. RTJ-99-1460, March 31, 2006
The judge entered his appearance in a court case
representing himself but signing the pleading wherein he
indicated that he is the Presiding Judge of RTC Branch 73
Malabon City and appending to the pleading a copy of his
oath with a picture of his oath-taking;
- it was improper
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Sec 4. Judges shall not allow families, social or other
relationships to influence judicial conduct or judgment. The
prestige of the judicial office shall not be used or lent to
advance the private interests of other, nor convey or permit
others to convey the impression that they are in a special
position to influence the judge.
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There really is that danger that for all we know, some
people are already peddling influence. Intentionally or
unintentionally, judges might allow their judicial office to be
abused by others for whatever ends.
HannahBlancs- EH501 Page 3 of 20
If you do not allow yourself to be influenced by your inner
circle, there is less probability of them influence-peddling.
networking websites (although nothing wrong with such
friendship per se, it gives the impression that the lawyer
friend might be in a position to influence the judge)
Judges should brace themselves, knowing that by their
assumption to judicial office, people close to them might in
the future, seek to use the judicial office to their own
advantage.
Definition of Family under the New Code
Those related by blood or marriage within the 6th civil
degree, as well as persons who are companions or
employees of the judge who live in the judge’s household.
- This broad definition is an acknowledgment of SC of
filipino tradition that we tend to have very extended
families. Although not related but very close, we
consider them family. And as such, they might be
deemed to have an influence on judges.
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Sec 5. Judges shall not only be free from inappropriate
connections with, and influence by, the executive and
legislative branches of the government, but must also
appear to be free therefrom to a reasonable observer.
(new section)
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Because appearance is just as important as the value itself,
appearance is already actionable.
Ex. Judge using service vehicle of the LGU
Considering that appointments, promotions and
movements of judges are subject to executive approval,
and that the organization, budget and resources of the
judiciary are matters that require legislative grace —judges
should still uphold their duty to render justice freely
without any obligation to reciprocate whatever beneficence
that might have been bestowed on them by the two other
branches.
The code does not prohibit connections but only
inappropriate connections
Allowances from LGUs? Does it not create an
imbalance?
Practice is allowed. Although there is a lot of criticism
about this practice, SC also acknowledges the fact that if
SC depends on the budget solely, it really isn’t enough
because there are many judges all over the country and
you also have to consider the risks that judges have to face
every now and then. Anyway, we have this section. “you
should be free from inappropriate connections with the
LGUs”
Case: Judge who makes it a point to invite Sanggunian
members to his chambers for a quick chat
- Not proper. It gives the appearance of favoritism.
Case: Judge referred the matter of transfer of court
employees to the Vice-Mayor.
- Not proper. The transfer of judicial employees is a
prerogative of the SC. It was improper for the judge to
invite the interference of the vice-mayor on the matter
—————————————————————————————
Sec. 6. Judges shall be independent in relation to society in
general and in relation to particular parties to a dispute
which he or she has to adjudicate.
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SEC. 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.
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Sec 8. Judges shall exhibit and promote high standards of
conduct in order to reinforce public confidence in the
judiciary which is fundamental to the maintenance of
judicial independence.
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Tan v Rosete
The judge sent a member of his staff to talk to the
complainant and show copies of his draft decisions.
- The Court ruled that such act violates the standard of
judicial conduct. It constitutes gross misconduct.
HannahBlancs- EH501 Page 4 of 20
Canon 2. INTEGRITY
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Integrity is essential not only to proper discharge of the
judicial office but also to the personal demeanor of judges.
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Duty to Disclose to the JBC and Appointing Authority
- Applicant must disclose all disciplinary, criminal and civil
cases pending
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Sec 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.
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Judges have been disciplined for lack of good moral
character, both in their public and private capacities.
Not limited to actions relating to public office but also
actions relating to their personal lives.
- accepting bribes; going to cockpits, casinos, racetracks
to bet on horses; fraternizing with litigants and their
lawyers; delay in rendering decisions; ignorance of the
law
Ignorance of the law
- It is a mark of incompetence; and where the law
involved is elementary, ignorance thereof is considered
an indicia of lack of integrity
The judge is either too incompetent and undeserving of the
title he holds, or he is too vicious that the oversight was
deliberately done resulting to travesty of justice.
Case: Judge imprisoned a party in a civil case. Can that
happen?
- NO. That’s ignorance of the law as that is very basic.
That is not only incompetence but also lack of integrity.
—————————————————————————————
Sec 2. The behavior and conduct of judges must reaffirm
he people’s faith in the integrity of the judiciary. Justice
must not merely be done but must also appear to be done.
—————————————————————————————
Judges must not only render just, correct and impartial
decision, but must do so in a manner free of any suspicion
as to their fairness, impartiality and integrity.
It is important that you have an impartial decision but the
process of getting there must also appear to be impartial
and fair, otherwise, public perception will still be tainted. 
 The vigilance of the judge should go beyond themselves,


Example: Judge is all smiles to plaintiff and his lawyer as
opposed to defendant whom he usually frowns upon. Upon
rendering the decision, it was actually fair but can you stop
the defendant from thinking otherwise?
Not only a good judge but must also appear to be a good
person
Upon his assumption to office, a judge ceases to be an
ordinary mortal. He becomes the visible representation of
the law and more importantly, of justice. He must be the
embodiment of competence, integrity and independence.
A magistrate of the law must comport himself in such
manner that his conduct, official or otherwise, can bear the
most searching scrutiny of the public that looks up to him
as the epitome of integrity and justice.
Cases:
1.Judge forcibly kissed court employees
2.Habitually gambling and frequenting casinos and cockpits
(it creates the appearance that he is a gambler and it
makes people create untoward speculations)
3.Punching a fellow judge in the face after a disagreement
over the use of an office table
4.Sexual intercourse with a 15-year old minor
In a bar, a judge was seen in a casino who was only
accompanying his wife. He did nothing there.
- still liable because there is only the appearance of
impropriety.
—————————————————————————————
Sec. 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.
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HannahBlancs- EH501 Page 5 of 20
So if the judge becomes aware of unethical actions of a
lawyer or by a court staff, the judge should not hesitate in
initiating investigation and disciplinary measures. In the
same way, lawyers can always file cases against the judges
who they believe have violated an ethical rule.
but also their staff, subordinates and lawyers who are
officers of the court.
CANON 3. IMPARTIALITY
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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.
—————————————————————————————
- Impartial, fair, cold neutrality of a judge. A judge should
not only render a just, correct and fair decision but should
also do so in a manner as to be free from any suspicion.
Extrajudicial Source Rule (ESR)
To sustain a claim of bias or prejudice, the resulting opinion
of the court must be used upon an extrajudicial source,
that is, some influence other than facts and law presented
in the courtroom.
if you want to charge a judge with bias or prejudice, you
should discharge with this rule and prove that the decision
was based on an extrajudicial source.
—————————————————————————————
Sec. 1. Judges shall perform their judicial duties without
favor, bias or prejudice.
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State Prosecutors v Muro
What is required is objectivity. An independent judiciary
does not mean that the judiciary can resolve specific
disputes entirely as they please. There are limits as to a
judge’s adjudication. They cannot innovate at pleasure. A
judge is not a night-errand roaming at will in pursuit of his
own ideal or goodness.
—————————————————————————————
Sec 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.
—————————————————————————————
Examples:
Having lunch with a litigant; betting on race horses;
standing as sponsor in a litigant’s son’s wedding; using the
car of a litigant as service vehicle; accepting gifts from
litigants; undue interference in the direct and cross-
examination of witnesses. (Judges can ask questions but
limited to clarificatory questions. Otherwise, it would give
appearance of favoring the other.)
Lachica v Flordeliza
A judge’s inebriated demeanor and incoherent behavior
during festivities is reprehensible. A judge who yields to the
strength of the “spirits” and acts an an uninhibited
drunkard in public place demeans his judicial office, strips
himself of his dignity as a man and disrobes the court of
the respect of the people it serves.
—————————————————————————————
Sec 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.
—————————————————————————————
MCTC judge who was also a real estate broker. He deals
with properties in his jurisdiction. Over time there were
cases involving sales transactions where he was the broker.
- Judges should regulate their business, social and
other extra-judicial activities to avoid possible
disqualification from hearing cases.
Dioniso v Escano
A judge should abstain from making personal investments
in enterprises which are apt to be involved in litigation in
his court; and after accession to the bench, he should not
retain such investments previously made, longer than a
period sufficient to enable him to dispose of them
without serious loss.
RA 6713, Sec 9
HannahBlancs- EH501 Page 6 of 20
If there is conflict of interest:
- resign from position in any private enterprise within 30
days from assumption to office or divest from
shareholdings or interest within 60 days from assumption
to office
Javier v De Guzman
The judge lends money at unconscionable interests and
files suits for collection at the place where he is a judge, to
enable him to take advantage of his position.
- REPRIMANDED.
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Sec 4. Judges shall not knowingly, while a proceeding is
before, or could come before, them make any comment
that might reasonable be expected to affect the outcome of
such proceeding or impair the manifest fairness of the
process. Nor shall judges make an comment in public or
otherwise that might affect the fair trial of any person or
issue.
—————————————————————————————
Trial by publicity: there must be allegation and proof that
the court has been unduly influenced by the barrage of
publicity
Castillo v Juan
In every litigation, the manner and attitude of the judge
are crucial to everyone concerned. He should, in the
performance of his functions, avoid side remarks, hasty
conclusions, loose statements or gratuitous utterances that
could form the basis for erroneous impression in the mind
of those who hear them and who may conclude that he is
prejudging the case or the issues that come before him.
Can a judge encourage mediation?
Yes.
But lets say in encouraging it, the judge says “Plaintiff,
settle nalang kay murag ikaw may sad-an. Ako pa nimo,
accept the offer of defendant. Possible baya di ka mu daog
maypa dawaton nimo.”
- it then becomes improper.
—————————————————————————————
Sec 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:
A. The judge has actual bias or prejudice concerning a
party or personal knowledge of disputed
evidentiary facts concerning the proceedings;
B. The judge previously served as a lawyer or was a
material witness in the matter in controversy;
C. The judge, or a member of his or her family, has an
economic interest;
D. The judge served as executor, administrator,
guardian, 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;
E. The judge’s ruling in a lower court is the subject of
review;
F. The judge is related by consanguinity or affinity to
a party litigant within the sixth civil degree or to
counsel within the fourth civil degree; or
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.
—————————————————————————————
Sec 1, Rule 137, ROC
xxx
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.
Voluntary inhibition
- strictly a matter of conscience if he can be fair in the
case or if it is possible that a party will have a
reasonable basis to doubt his fairness
- Whether a losing party could entertain a reasonable
belief that the judge was partial to the prevailing
party. It is not whether the judge was actually partial
or not
HannahBlancs- EH501 Page 7 of 20
Examples:
utang na loob, counsel is also the judge’s counsel in a
separate case, analogous instances
NOT grounds for voluntary inhibition:
- counsel for a party has filed an administrative case
against the judge, mere friendship, counsel is a
classmate of the judge
Basic Rules:
Mere suspicion of partiality is not enough. There should be
hard evidence to prove it, as well as manifest showing of
bias and partiality.
Issuance of erroneous decision that pertain to the judge’s
judicial functions may not be proper consideration to
charge a judge of bias, except where the orders taken, not
singly but collectively, show that the judge has lost the cold
neutrality of an impartial magistrate.
General Rule: Voluntary inhibition cannot be compelled
by mandamus
Exception: while, ordinarily, mandamus will not prosper to
compel a discretionary act, the writ shall issue in instances
of:
• grave abuse of discretion,
• manifest injustice or palpable excess of authority,
equivalent to denial of a settled right to which
petitioner is entitled; and
• when there is no other plain, speedy and adequate
remedy.



This court has recognized that a judge’s decision to
refuse to act on account of some disqualification is not
conclusive, and his competency may be determined on
an application for mandamus to compel him to act.
Pagoda Phils Inc v Universal Canning
The judge’s right, however, must be weighed against their
duty to decide cases without fear of repression. Verily, the
second par of sec 1 of rule 137 does not give judges the
unfettered discretion to decide whether to desist from
hearing a case. The inhibition must be for just and valid
causes. The mere imputation of bias or partiality is not
enough ground for them to inhibit, especially when the
charge is without basis.
Barnes v Reyes
Aside from bare allegations, petitioner has not shown that
Judge had been biased and partial against a particular
activity in the proceedings
Only on the account of dispelling any doubt and perception
of bias on the part of petitioner. Clearly, therefore, no just
and valid reason supports the inhibition of the Judge.
Absent any extrinsic evidence of malice and bad faith, to
conclude that the judge was biased and partial.
Martinez v Gironella
In a judgment acquitting the accused as an accessory to a
murder case, the respondent judge expressed his
conclusion that it was petitioner, Y, the principal accused,
who committed the offense. He was led to do so, as he
pointed out, in view of evidence presented at the former
trial where petitioner, who had not been apprehended at
the time, was unable to confront the witnesses or to
submit evidence in his behalf. In the trial of petitioner, the
judge entertains no doubt that he could decide the case
fairly, uninfluenced by his previous explicit declaration
attributing offense to him. Later on, Y was apprehended. X
wanted to compel the judge to inhibit from the case.
Where respondent judge in acquitting an accused, stated
that the crime was committed by petitioner who was then
at large, and subsequently petitioner was apprehended and
tried before said respondent, it was held that respondent’s
previous statement rendered it impossible for him to be
free from suspicion, that, in deciding petitioner’s case, he
will be biased and prejudiced. Under such circumstances,
prohibition is available.
—————————————————————————————
Sec. 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.
—————————————————————————————
HannahBlancs- EH501 Page 8 of 20


Sec 6 is the exception where despite a cause of mandatory
disqualification, a judge may still continue to hear and
decide the case.
Remittal of Disqualification:
• parties and their lawyers agree independently of the
judge’s participation
• Reason for inhibition is immaterial or unsubstantial
• Agreement reduced to writing, signed by all parties and
lawyers, entered upon the records of the case
CANON 4. PROPRIETY
—————————————————————————————
Propriety and the appearance of propriety are essential to
the performance of all the activities of a judge.
—————————————————————————————
—————————————————————————————
SEC. 1. Judges shall avoid impropriety and the appearance
of impropriety in all of their activities.
—————————————————————————————
Judges must appear to be proper boys the appearance of
impropriety is already actionable.
There are photos of a judge and his subordinate coming
out of the hotel. The judge contended that the pictures do
not prove anything. The Court said that you do not have to
prove that because actual impropriety is not necessary,
appearance of impropriety is already actionable.
The judge heard a motion while on vacation, he conducted
the hearing in his room and he is just wearing a jacket;
the judge privately met a litigant in a resort; the judge
conducted office and hearings in his residence; the judge
held the hand of his interpreter and kiss by her lips; judge
had a picture posted in Friendster wearing an off shoulder
suggestive dress – IMPROPER
—————————————————————————————
SEC. 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.
—————————————————————————————
So there are restrictions that judges must voluntarily
embrace because their conduct must always be in keeping
with the dignity of their office. There are many restrictions
because they are the visible representation of the law.
Use of foul language; being drunk in a party; a judge who
confronted her former boyfriend and the latter’s female
companion in a restaurant.
A judge is permitted to have extrajudicial activities but of
course, judicial functions should prevail over judicial
activities. These may be vocational, civic and charitable
activities where a judge can write, lecture, teach,
speak on non-legal subjects. Must not conflict or degrade
judicial functions.
All these must be in keeping with the dignity of judicial
functions.
A judge being an actress or singer
– it will conflict with the judicial functions as she may use
her time memorizing her script
A judge being an acrobat performer or a model in a nude
painting
- Must not conflict or degrade judicial functions.
The judge can engage in art and other recreational
activities. They can be an officer, director, trustee or non-
legal adviser of non-profit, non-political, education,
religious, charitable, fraternal, civic organizations.
Financial Activities
– allowed to enter into a business but he must refrain from
business dealings that will affect partiality or interfere with
the performance of judicial functions or increase
involvement with persons that will likely come to court
Ex. Surety Bonding Company is not allowed as it increases
involvement with lawyers or persons that will likely come to
court.
A judge should not serve as officer, director, manager,
adviser, or employee of any business.
- So if the organization is for profit then it cannot be,
except as a director of family business. He cannot be a
manager in the family business because he has to be in the
HannahBlancs- EH501 Page 9 of 20
business for the most part of his time and it will now be in
conflict with his judicial functions.
Fiduciary Activities
a judge MAY serve as executor, administrator, trustee,
guardian or other fiduciary only for the estate, trust or
person of a member of the immediate family. (Spouse
and relatives within the 2nd civil degree of consanguinity)
only if such service do not interfere with the proper
performance of judicial duties.
Ex. Judge named as executor of his spouse’s estate which
consists of properties all over the world and the judge has
to travel and he already exhausted all his leave credits.
This is not allowed as it already conflicts with his judicial
functions.
Practice of Law and other profession
– No private practice of law (absolutely prohibited);
- other profession, they can unless prohibited by the
Constitution or law provided that it will not conflict with his
judicial function.
Engage in notarization of documents connected with the
exercise of their official functions
Not allowed except in far flung municipalities where there
are no notaries public or no lawyers, an MTC Judge can
perform any act within the competent of a regular notary
public as long as notarial fees shall be for the government
and turned over to the municipal treasurer and there is a
certification made to the notarized document attesting to
the lack of lawyer or notary public.
Non-judicial appointment
Judges cannot accept any appointment or designation to
any agency performing quasi-judicial or administrative
function. But other appointments are allowed such as a
President of the Home Owners Association, Chairman of
the Sinulog Committee or judge in a beauty pageant.
Judges should not make political speeches, contribute to
partisans, publicly endorse candidates or political office, or
participate in other partisan political activities. Judges can
only vote or opt not to vote. That is their only political
right. Of course, they can entertain their own opinion but
cannot make political speeches.
Ex. The judge’s brother served as watcher because his
brother ran for Mayor. He filed for a leave of absence on
the day of the election.
- Proper? This is not proper as it is engaging in partisan
political activities.
—————————————————————————————
SEC. 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.
—————————————————————————————
So the judge should make sure that his action does not
give rise to suspicion of any impartiality.
Ex. the judge who had coffee with councilors who
appeared before his sala; asking for aircons and tables
from lawyers
—————————————————————————————
SEC. 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.
—————————————————————————————
—————————————————————————————
SEC. 5. 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.
—————————————————————————————
What if the lawyer is the son of the judge and the client
goes to the house?
- Sec.5 is very clear, judges shall not allow the use of
their residence by ANY member…
—————————————————————————————
SEC. 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.
—————————————————————————————
HannahBlancs- EH501 Page 10 of 20
Ex. in his order, the judge wrote respondent is a self-
ordained public violent with a contaminated mind and
assuming a profession of a crocodile. Judge claims freedom
of expression.
- SC said that it must be regulated in a way that it is
keeping to the dignity of the legal profession and in
keeping of impartiality of the judicial office. It already
paints a picture regarding the opinion of the judge
towards the respondent and it may give the appearance
of partiality.
So judges should maintain objectivity at all times and in
exercising their freedom of expression, it must always be in
keeping of the judicial office.
Judges picketing before the SC for increase of their salary.
They cannot do that for it is not in keeping with the dignity
of judicial office.
—————————————————————————————
SEC. 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.
—————————————————————————————
—————————————————————————————
SEC. 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.
—————————————————————————————
The judge filed a case for estafa in his own sala, so in his
own case he is the private offended party and he issued a
warrant of arrest
- taking advantage of the judicial office to advance his
own private interest.
The judge posted advertisement for restaurant personnel in
his court room and does his interview in his office
- SC said that it is impropriety for promotion of business
activities moreover, the ones who will be able to read the
advertisements are the lawyers and litigants, and so he
 is increasing the possibility of involvement of litigants,
lawyers and other persons who are likely to come to
court.
—————————————————————————————
SEC. 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.
—————————————————————————————
Release or leaking of draft decisions prior to the official
promulgation of the court.
- Somebody commanded by the judge has already leaked
the decision. So this is not allowed.
—————————————————————————————
SEC. 10. Subject to the proper performance of judicial
duties, judges may
 which it was given. So you always have to view it under the
(a) Write, lecture, teach and participate in activities
concerning the law, the legal system, the administration of
justice or related matters;
 The judge accepted the free use of a car. And avail for free
(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.
—————————————————————————————
—————————————————————————————
SEC. 11. Judges shall not practice law whilst the holder of
judicial office.
—————————————————————————————
—————————————————————————————
SEC. 12. Judges may form or join associations of judges or
participate in other organizations representing the interests
of judges.
—————————————————————————————
Judges, under Sec. 12, have the freedom of association. Of
course they can always form or join association of judges.
HannahBlancs- EH501 Page 11 of 20
—————————————————————————————
SEC. 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.
—————————————————————————————
Very similar to the provisions on Direct bribery, Indirect
bribery, and in special laws, under RA 3019 or The Anti-
Graft and Corrupt Practices Act. As well as in RA 6713
where there is both criminal and administrative component
of the liability. All those are in addition to the
administrative liability also.
You invited a judge to be a speaker.
What could be an allowable gift? Token of appreciation,
mug, whine. So those are appropriate to the occasion in
circumstances.
battery recharging services of the shop of a litigant who
has a pending case before him. - IMPROPER
—————————————————————————————
SEC. 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 or to be done or omitted to be
done in connection with their duties or functions.
—————————————————————————————
—————————————————————————————
SEC. 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
reasonably be perceived as intended to influence the judge
in the performance of judicial duties or otherwise give rise
to an appearance of partiality.
—————————————————————————————
CANON 5. EQUALITY
—————————————————————————————
Ensuring equality of treatment to all before the courts is
essential to the due performance of the judicial office.
—————————————————————————————
Canon 5 is on equality. But take note that t the very first
section, it talks about differences. What does this mean?
Equality but there are differences.
—————————————————————————————
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.
—————————————————————————————
General rule is that we have to treat everyone and
everything equally. Except if there is a valid cause for
different treatment. You cannot be just always so naive and
say na equal ra gyud tanan. But what if there is a cause to
differentiate?
- There is no prohibition against differentiation. What is
prohibited is differentiation on improper or irrelevant
grounds
Can we compel everyone to attend the flag raising and
lowering ceremonies.
- NO. Which religion are we talking about? Jehova’s
Witnesses. They may not participate in flag raising and
lowering ceremony because it is against their religion
Yrasuegui v PAL
Obesity according to him is a disability and so he is
terminated on account of such disability. Was his
termination valid?
- Yes, because as the main function of the flight attendant
is flight safety. So flight safety is crucial in the airline
business. Cabin attendants must maintain agility at all
times to inspire passenger confidence
—————————————————————————————
SEC. 2. Judges shall not, in the performance of judicial
duties, by words or conduct, manifest bias or prejudice
towards any person or group on irrelevant grounds.
—————————————————————————————
HannahBlancs- EH501 Page 12 of 20
But if there is relevant ground, for a different treatment,
then again we know that it is allowed.
—————————————————————————————
SEC. 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.
—————————————————————————————
So treat everyone fairly again unless if there is cause.
Different treatment for child witnesses. Is it allowed?
- Yes. If there is a ground for different treatment then
there could be different treatment.
Are judges allowed to treat new lawyers differently?
Let’s have canon 10 of the Old Code.
Judges should be courteous to counsel especially to those
who are young and inexperienced. A judge should be
patient, attentive, and courteous especially to the new and
inexperienced.
—————————————————————————————
SEC. 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.
—————————————————————————————
If the judge cannot differentiate on irrelevant grounds, the
same is true for his subordinates. And for lawyers also.
—————————————————————————————
SEC. 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.
—————————————————————————————
The provisions in Canon 5 are all new provisions. You
cannot see these provisions in the old code.
CANON 6. COMPETENCE AND DILIGENCE
—————————————————————————————
Competence and diligence are prerequisites to the due
performance of judicial office.
—————————————————————————————
—————————————————————————————
SEC. 1. The judicial duties of a judge take precedence over
all other activities.
—————————————————————————————
We have discussed that judges can be allowed to have
vocational, charitable and financial activities. But judges
are reminded that judicial functions should take precedence
over others.
—————————————————————————————
SEC. 2. Judges shall devote their professional activity to
judicial duties, which include not only the performance of
judicial functions and responsibilities in court and the
making of decisions, but also other tasks relevant to the
judicial office or the court’s operations.
—————————————————————————————
A judge does not only have adjudicative functions. Sec 2
also says that judges should also perform other tasks
relevant to the judicial office or the court’s operations. The
judge is an adjudicator and also an administrator or the
manager of his court room.
Judge cannot just blame the clerk because it was the clerk
who lost the case files. Judges have been disciplined for
such instances because it is the administrative function of
the judge to have a proper record-keeping and efficient
manner of storing and keeping evidence and to be able to
supervise and control the staff in a. Way that the court’s
operations will not be hampered.
—————————————————————————————
SEC. 3. Judges shall take reasonable steps to maintain and
enhance their knowledge, skills and personal qualities
necessary for the proper performance of judicial duties,
taking advantage for this purpose of the training and other
facilities which should be made available, under judicial
control, to judges.
—————————————————————————————
Like lawyers, judges must be updated with jurisprudence.
HannahBlancs- EH501 Page 13 of 20
Can judges be compelled to attend MCLE?
NO. Under Bar Matter 850, judges are exempted from
MCLE. But Phil Judicial Academy has their own version and
it is compulsory to attend those seminars because it will be
a travesty of justice if a judge is not updated with law and
jurisprudence.
In deciding cases, it is the judge’s duty to follow the
doctrines and rulings of the SC. Any deviation may have
detrimental consequences beyond the immediate
controversy.
What if your opinion is very different from that of
the SC in a case?
Let’s say, your personal sentiments are very different from
law and jurisprudence like if you are a judge in a family
court where annulment cases are lodged but in your
religion, you believe you cannot breakup marriages. What if
there is really a ground to declare it null and void?
- judge cannot deviate from law and jurisprudence. If he
feels that a law or doctrine enunciated is against his way
of reasoning or conscience, he can state his personal
opinion. BUT at the end of the day, he should still decide
the car Reina accordance with the law and doctrine and
not with his personal views.
Personal beliefs and convictions should not be allowed to
prevail over settled jurisprudence.
Judge rendered decision pursuant to directives of elves and
dwarves. He admitted that he decided in such a way
because a dwarf told him to do so. He also had healings
sessions in his court room and that he sometimes wrote his
decisions while in a trance. Some days of the week, he
would change the colour of his robes to charge his psychic.
- D I S M I S S E D ; S C s a i d t h a t p a ra n o r m a l a n d
supernatural beliefs have no place in decision-making.
A judge should limit the decision on facts and law and
not on other extraneous factors.
Ignorance of the law
You cross-refer this to related RPC provisions like the felony
of knowingly rendering unjust judgment, judgment
rendered through negligence, unjust interlocutory order
and malicious delay in the administration of justice.
If the elements of these felonies are present, judge is not
only administratively liable but also criminally liable.
Doctrine of Judicial Immunity
- if just mere error, the judge cannot be held liable
because there is no perfect judge. To be liable, error
must be accompanied by gross ignorance of the law, bad
faith, dishonesty, hatred or some other like motive such
as corruption.

What is the proper recourse if the judge committed
an error in his decision?
- Under ROC, file Motion for Reconsideration; if
interlocutory, file for certiorari.
—————————————————————————————
SEC. 4. Judges shall keep themselves informed about
relevant developments of international law, including
international conventions and other instruments
establishing human rights norms.
—————————————————————————————
When we say judges should be updated with law and
jurisprudence, it includes updates in international law
including international conventions and other instruments
establishing human rights norms.
Why should the judge be updated with international
conventions?
- Under the constitution, we have declared that GAPIL are
part of the law of the land.
—————————————————————————————
SEC. 5. Judges shall perform all judicial duties, including
the delivery of reserved decisions, efficiently, fairly and with
reasonable promptness.
—————————————————————————————
Justice delayed is justice denied
There should be reasonable promptness in the
performance of judicial duties. That is why we have
continuous trial guidelines and Speedy Trial Act because we
believe that justice should be swift.
We are reminded to explore pre-trial and discovery
procedures, as well as alternative dispute resolution
modes.
HannahBlancs- EH501
Is it okay if the judge encourages amicable
settlement?
Yes, under the rules, it is even required that first, you go to
court-annexed mediation, if not, judicial dispute resolution.
Even if JDR fails, judges can always tell parties that at any
time during the case, if you settle, just tell the court and
file appropriate motion manifesting the terms.
Under Constitution,
SC must decide within 24 months.
Lower collegiate courts, 12 months, and
Other lower courts, 3 months from the time the case is
submitted for decision.
If for some valid reason, judge cannot decide within such
period, he can ask for an extension to resolve it.
In relation to a judge’s certificate
Judges do not have DTRs, rather, they have the certificate
of justice. There, the judge will certify that he worked for
the entire month except the weekends or holidays or
approved leaves, that certificate is a pre-prerequisite to
receiving salary. There is also a provision there that he has
no pending cases that are beyond the constitutional time-
frame.
If found that judge did not tell the truth, the SC has, in
several cases, ruled that such judge has transgressed the
right of the people to a speedy disposition of cases. Judges
have been disciplined for this.
Good faith, lack of malicious intent do not completely
free a judge from liability.
Excuses for delay that are not given credence:
- clogged dockets, delay in transcription of stenographic
notes, inefficiency and mismanagement of court
personnel
- While these are not perfect excuses, they can
probably mitigate but cannot absolve
Character of decisions must express clearly the facts and
laws on which they are based in order to show full
understanding of the case. It would also avoid suspicion
that you have biases and since it promotes confidence in
the judge’s intellectual integrity.
Page 14 of 20
—————————————————————————————
Sec 6. Judges shall maintain order and decorum in all
proceedings before the court and be patient, dignified and
courteous in relation to litigants, witnesses, lawyers and
others with whom the judge deals in an official capacity.
Judges shall require similar conduct of legal
representatives, court staff and others subject to their
influence, direction or control.
—————————————————————————————
If the judge can see that his/her sheriff is too aggressive or
too much of a war-freak, then its the job of the judge to
tell him to restrain himself.
In maintaining order in the court, judge should not resort
to violence means.
- Wielding a gun in court to demand order, compelling
witness to swallow chewing gum
—————————————————————————————
Sec. 7. Judges shall not engage in conduct incompatible
with the diligent discharge of judicial duties.
—————————————————————————————
Judges held hearings only on Mondays to Wednesdays. Is
that proper?
- NO. SC says it is incompatible with diligence.
—————————————————————————————
ADMINISTRATIVE LIABILITY OF JUDGES
—————————————————————————————
Under Constitution, SC justices may be removed via
impeachment.
What about the latest? The quo warranto?
- Their reasoning was that there was no chief justice to
begin with as she did not qualify for such position in the
first place. That case is sui generis; only applicable to
her and has no value as a precedent.
Corona’s case
He was impeached based on betrayal of public trust
particularly for failure to disclose his SALN.
He had a SALN but there were mis-declarations as he
lacked assets and other liabilities. According to senate,
being an impeachment court, it was already enough to
HannahBlancs- EH501 Page 15 of 20
constitute betrayal of public trust and.or culpable violation
of the constitution.
—————————————————————————————
SERIOUS CHARGES:
(Sec. 8, Rule 140, ROC, as amended by AM No. 01-8-10)
—————————————————————————————
1. Bribery, direct or indirect;
- A judge caught in an entrapment receiving bribe
money was dismissed
2. Dishonesty and violations of the Anti-Graft and Corrupt
Practices Law (R.A. No. 3019);
- false testimony by a judge in a judicial proceedings,
false statement in his application to the judiciary that
he had no pending cases, judge concealed that he
was previously dismissed as an assistant city fiscal
3. Gross misconduct constituting violations of the Code
of Judicial Conduct;
- must be serious, weighty, momentous, and not trifling
- Must have reliable evidence showing that the judicial
acts complained of were corrupt or inspired by an
intention to violate the law or were in persistent
disregard of well-known legal rules



What if misconduct is just simple? Can it be a ground
for administrative liability? 

- Still a ground but NOT a serious charge.



Such as misappropriation of cash bail bond, decision
was not personally prepare by the judge, immorality,
voyeurism, having a Jeep in custodia legis repainted
and used for his personal benefit



Gross inefficiency such as unfamiliarity with
procedure, lost case records and exhibits
4. Knowingly rendering an unjust judgment or order as
determined by a competent court in an appropriate
proceeding;
- there must be prior final finding or determination by
the appellate court that indeed the judge has
committed the proscribed act in an appeal from the
judgment or special civil action challenging the order
 - without such final finding by the appellate court, it is
premature to file an administrative complaint against
the judge
5. Conviction of a crime involving moral turpitude;
- shows that the judge is unfit or has no good moral
character
4. Violation of Supreme Court rules, directives, and
circulars;
5. Receiving additional or double compensation unless
specifically authorized by law;
6. Untruthful statements in the certificate of service;

6. Willful failure to pay a just debt; 7. Simple Misconduct

7. Borrowing money or property from lawyers and —————————————————————————————

litigants in a case pending before the court; LIGHT CHARGES
(Sec 10, Rule 140, as amd)
8. Immorality; —————————————————————————————

9. Gross ignorance of the law or procedure; 1. Vulgar and unbecoming conduct;

- such as issuing a warrant of arrest in a civil case;
misapplication of Indeterminate Sentence Law,
granting bail for non-bailable offense; looking for
proof of malice but not male in se as it was just mama
prohibita; fixing a ridiculous amount of bail in a
murder case
10. Partisan political activities; and
2. Gambling in public;
3. Fraternizing with lawyers and litigants with pending
case/cases in his court; and
4. Undue delay in the submission of monthly reports.
Why bother with the classification of charges?
5.because the penalties differ under Section 11 of Rule
140.

11. Alcoholism and/or vicious habits. —————————————————————————————

—————————————————————————————
LESS SERIOUS CHARGES
(Sec 9, Rule 140, as amd by A.M. No. 01-8-10)
—————————————————————————————
1. Undue delay in rendering a decision or order, or in
transmitting the records of a case;
2. Frequently and unjustified absences without leave or
habitual tardiness;
3. Unauthorized practice of law;
- is there authorized practice of law? YES. MCTC judges
in places wher ethere are no lawyers can even act as
notary public but there has to be a certification that
there is no lawyer in that place
- Judge notarised the contract as he felt bad for the
parties because the only lawyer in the municipality
charged a very high fee. Correct? NO.
SANCTIONS
—————————————————————————————
Serious Charges
A. Dismissal from the service, forfeiture of all or part of
the benefits as the Court may determine, and
disqualification from reinstatement or appointment to
any public office, including government-owned or
controlled corporations. Provided, however, that the
forfeiture of benefits shall in no case include accrued
leave credits;
B. Suspension from office without salary and other
benefits for more than three (3) but not exceeding six
(6) months;
C. A fine of more than P20,000.00 but not exceeding
P40,000.00

HannahBlancs- EH501 Page 16 of 20

Less Serious Charges
A. Suspension from office without salary and other
benefits for not less than one (1) nor more than
three (3) months; or
B. A fine of more than P10,000.00 but not exceeding
P20,000.00.
Light Charges
A. A fine of not less than P1,000.00 but not exceeding
P10,000.00 and/or
B. Censure;
C. Reprimand;
D. Admonition with warning
Administrative proceedings against judges are
confidential. But why do we see it in SCRA?
- what is confidential are the proceedings but not the
decisions as these are published. Proceedings are
confidential in order to protect the judge as there are
cases where judges are just victims of harassment or
oppression from a disgruntled litigant.
Quantum of proof
- Substantial evidence
Who has burden of proof?
- Complainant
Res ipsa loquitur
- the court may impose its authority upon erring judges
whose actuations not heir face would show
incompetence, ignorance of the law or gross
misconduct.
- AM Circular, all judges are reminded that SC has
appleid such rule even without formal investigation
whenever a decision on its face shows incompetence,
ignorance of the law or gross misconduct.
Can you critic such rule on ground of due process?
Can you imagine SC making a decision that its own SC
Circular violates due process clause? No such thing. So this
circular is not applied na lang. It’s just that there is no law
nullifying this so it is still a good law
Can judges be disbarred while they are judges?
HannahBlancs- EH501 Page 17 of 20
Yes. Effect is automatic removal from the bench. But that is
only true for those who are not SC justices as they are only
removable by impeachment. Otherwise, it would be an
indirect violation.
What is automatic conversion?
This is to avoid duplication in the efforts. There are
offenses committed by judges which can also be committed
by lawyers. An example is immorality.
When we are talking about offences that are applicable
against a judge as a judge and as a lawyer, automatic
conversion comes in. You just have one proceeding and in
such, the liability of the judge as a judge and as a lawyer
will already be determined.
For due process considerations, the judge is notified
accordingly that he must file his answer or comment
against such administrative complaint as a judge and the
administrative complaint against him as a lawyer.
The judgments in both respects may be incorporated in
one decision or resolution.
Criminal liability of judges
Review RPC
(Felonies peculiar only to judges)
Civil liability
Review CC.
—————————————————————————————
DISABILITIES OF JUDGES
—————————————————————————————
1. Judges cannot acquire properties or rights pending
litigation before them.
- What about donations to judges by reason of office?
Void. This extends to the spouse, descendants and
ascendants.
- Administrative case against a judge but complaint
withdrew the charge, what is the effect?
No effect. To condition administrative actions upon
the will of the complaint who may, for one reason
or another, condone a detestable act into strip the
 SC of its supervisory powers to discipline erring
members of the judiciary.
- If upon desistance of complainant, you have no more
evidence?
dismiss the case on ground of insufficiency of
evidence.
- If complainant dies?
If there are other complainants or other evidences,
the case goes on. If not, dismiss on insufficiency of
evidence.
- What is the effect of a judge’s resignation on a pending
administrative case?
NO effect. In a case where a retired judge leaked
the decision of the SC, SC said that the case is not
moot and academic and that even if the most
severe administrative sanctions may no longer be
imposed, there are other penalties that may be
imposed if found guilty. Such as forfeiture of
retirement benefits. Plus fine of 500,000.
- Why was there an administrative case against an SC
justice?
Because he was already retired. So, he can no
longer be impeached. Hence, administrative case.
- What is the effect on a pending administrative case of a
judge who died?
No effect, maybe we can still forfeit benefits such
as death benefits. However, there are exceptions.
General rule:
- Case is not rendered moot by death
Exceptions:
1.when the respondent has not been heard and
continuation of proceedings would deny him his right of
due process.
2.Humanitarian considerations
3.When kind of penalty imposable would render the
proceedings useless (such as reprimand)
Mitigating circumstances
HannahBlancs- EH501 Page 18 of 20
- old age, failing health, fact that it is the first offense,
long and exemplary service, acknowledgment of fault,
apology
—————————————————————————————
CASES
—————————————————————————————
Gross ignorance of the law or procedure
If accused is SG 28 and offense is in relation to public
office, Sandiganbayan supposedly has jurisdiction but MTC
denied motion to quash insisting on presiding over the
case.
Gross ignorance on excessive bail
The crime charged is reckless imprudence resulting in
homicide. The judge ordered that the bus be impounded
with the directive that it be release only upon posting of
50,000 cash bond. Also increased cash bond from 60,000
to 350,000 to be posted in cash. Is this correct?
4.no. excessive bail bond is incorrect.
Gross ignorance on arrest of counsel
Judge issues arrest warrant against lawyer of accused for
failure to attend promulgation of judgment and directed
that such lawyer remain in jail until judgment is
promulgated
Judge failed to require presence of accused during
promulgation of judgment
Instances where presence accused is not required?
• Judgment is for a light offense in such case, the
counsel of accused or representative may stand for him
• In cases where despite due notice to accuse and
bondsman or counse, accused failed to appear
In this case, none of the exceptions exist. Hence, judge
erred in not requiring the presence of accused.
Judge gave improper penalties
Judge cited complainant for direct contempt and issued
warrant of arrest recommending no bail. Private
complainant stayed in detention for 14 days. further,
counsel was cited in direct contempt and assessed fine of
3000.
 - Under Rule 71, for contempt, maximum is 10 days.
The order did notably fail to specify the period, the
complainant was detained beyond the maximum
period allowed. Further, maximum amount for fine is
2000 but here, judge ordered 3000.
What is the remedy of a person cited in contempt?
- certiorari and/or prohibition and post a bond in an
amount fixed by the court conditioned that he will abide
by and perform the judgment should the petition be
decided against him. This was denied the complainant
when in the arrest warrant, he was not entitled to bail.
Gross inefficiency
Additional court assignments or designations do not make
him less liable for delay.
Simple misconduct
- judge circulated calling card bearing his name as
presiding judge of Branch 73 of Malabon, that he was a bar
exams topnotcher with full 2nd honours from ADMU and in
every session, he wants to be introduced in a certain
manner and a reading of the holy bible. Judge should not
seek publicity for personal vainglory.
Gross ignorance
Same judge, he ordered the release of accused on
recognizance without presence of prosecutor thus,
depriving the latter of any opportunity to oppose the
release. He ordered the release without first requiring
probation officer to render a case study and investigation
report. The order granting the release was not reduced into
writing insisting that orders made in open court need not
be reduced in writing.
- Not proper because courts are courts of record. It
must be on something that we can read.
Unbecoming conduct
He relayed to the members of the audit team in criminal
cases that he is pro-accused, particularly concerning
detention prisoners and bonded accused who have to
continually pay the premiums of their bonds.
- what is wrong? Because there is the appearance of
bias.
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Signing a pleading in his personal case. Despite the fact
that he had a lawyer, he indicated in his pleading that he
was a presiding judge in certain branch and appended a
copy of his oath and photo of is oath-taking.
- SC said the only logical explanations that he was trying
to influence a fellow judge by emphasising he was a
judge.
Openly criticising the rules of court and the philippine
justice system and for using intemperate language during
court proceedings.
- after everything, he was fined 40,000 pesos
considering that he was new in the job and
considering that there was no allegation or proof that
he acted with malice or bad motive.
—————————————————————————————
PROCEDURE
—————————————————————————————
Who can remove judges?
• SC en banc
if penalty to be imposed is dismissal or if
suspension go 1 year or more or a fine exceeding
10,000.
• SC in division.
If suspension is less than a year or fine not
exceeding 10, 000
Can IBP investigate judges?
NO. unlike in administrative cases against lawyers where
iBP can investigate and submit a report to SC, there is no
such power over judges. The only power it has is if there is
an administrative complaint against a judge filed with IBP,
the only jurisdiction of IBP is to endorse the complaint to
SC and not to act on it in any other manner.
—————————————————————————————
LEGAL ETHICS
—————————————————————————————
Material: Code of professional responsibility
4-fold duty of a lawyer?
- Public
- Legal profession
- Court
- Client
Sources of Legal Ethics that it stays asa profession and not a mere money-making
Constitution trade.
Roc
Code of Professional Responsibility Importance of legal ethics
Jurisprudence Observance of ethics would ensure your continued
Laws existence as a member of the bar. It ensures the
continuance and perpetuation of your legal career and as
9 Duties of a Lawyer an institution, it ensures the continued existence of the
Sec 20, rule 138, ROC
 legal profession because the public would continue to trust
lawyers. otherwise, the legal profession would die a natural
1. To maintain allegiance to the Republic of the Philippines death.
and to support the Constitution and obey the laws of
the Philippines; Just because there is a code of ethics, it does not
2. To observe and maintain the respect due to the courts automatically translate to ethical conduct by lawyers.
of justice and judicial officers;
3. To counsel or maintain such actions or proceedings only
as appear to him to be just, and such defenses only as
he believes to be honestly debatable under the law;
4. To employ, for the purpose of maintaining the causes
confided to him, such means only as are consistent
with truth and honor, and never seek to mislead the
judge or any judicial officer by an artifice or false
statement of fact or law;
5. To maintain inviolate the confidence, and at every peril
to himself, to preserve the secrets of his client, and to
accept no compensation in connection with his client’s
business except from him or with his knowledge and
approval;
6. To abstain from all offensive personality and to advance
no fact prejudicial to the honor or reputation of a party
or witness, unless required by the justice of the cause
with which he is charged;
7. Not to encourage either the commencement or the
continuance of an action or proceeding, or delay any
man’s cause, from any corrupt motive or interest;
8. Never to reject, for any consideration personal to
himself, the cause of the defenseless or oppressed;
9. In the defense of a person accused of crime, by all fair
and honorable means, regardless of his personal
opinion as to the guilt of the accused, to present every
defense that the law permits, to the end that no person
may be deprived of life or liberty, but by due process of
law.

Legal ethics, like judicial ethics, imposes a lot of obligations

and restrictions. hence, its very limiting. But the limits set
are for the purpose of uplifting the profession and ensuring

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