THE NEW CODE OF JUDICIAL

CONDUCT
CANON 6

COMPETENCE AND
DILIGENCE
COMPETENCE and DILIGENCE are
prerequisites to the due
performance of judicial office.
Judicial office demands competence and diligence. The
administration of justice, the Supreme Court affirms, is a
sacred task and upon assumption to the office, a judge
ceases to be an ordinary mortal. He becomes the visible
representation of the law and more importantly, of justice
Hence, the constitution prescribes that he must be a person
of proven competence, (Art VIII, sec 7 (3)) as a requisite of
his membership in the judiciary.
SECTION 1. The judicial duties of a judge take
precedence over all other activities.
Though a judge has a duty to not sit where disqualified,
a judge has an equally strong duty not to recuse himself
when the circumstances do not require recusal.
Amended in 1974, an American statute mandates that a
judge sit in a case unless there is a reasonable question
as to the judges impartiality. Thus, a judge should not
recuse himself simply to avoid sitting on difficult or
controversial cases.
SECTION 1. The judicial duties of a judge take
precedence over all other activities.
In the case, Re: Leaves of Absence Without
Approval of Judge Eric T. Calderon, Municipal
Trial Court of Calumpit, Bulacan

An MTC Judge was dismissed from

service because of gross misconduct
and abandonment of his office through
his unapproved leaves of absence
repeatedly incurred by him.
SECTION 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 courts operations.
IN RE: LONGBOAN vs. POLIG
In the instant case, respondent judge even
impeded the speedy disposition of cases by
his successor on account of missing records
of cases. This fact reflects an inefficient and
disorderly system in the recording of cases
assigned to his sala. Although blame can
also be conveniently laid on the court
personnels mismanagement of the records
of cases, proper and efficient court
management is as much the judges
responsibility for the Court personnel are not
the guardians of a Judges responsibilities.
SECTION 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.
SECTION 4. Judges shall keep themselves
informed about relevant developments of
international law, including international
conventions and other instruments
establishing human rights norms.
The Constitution incorporates the two principal
sources of International Law - general or customary
norms and conventional norms. Subject to the
conditions set forth in Section 2, Article II and
Section 21, Article VII, Constitution, International
Law , both customary and conventional, are part of
the Philippine Law. Customary norms are binding
on all States.
SECTION 5. Judges shall perform all judicial duties,
including the delivery of reserved decisions, efficiently,
fairly and with reasonable promptness.

OFFICE OF THE COURT

ADMINISTRATOR vs. JUDGE
HARUN B. ISMAEL (A.M. No. RTJ-
07-2045, January 19, 2010)
SECTION 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.

JUAN DELA CRUZ (CONCERNED CITIZEN) vs.

JUDGE CARRETAS OF RTC LEGAZPI CITY
(A.M. No. RTJ-07-2043)
A judge who is inconsiderate, discourteous or
uncivil to lawyers, litigants or witnesses who
appear in his sala commits and impropriety and
fails in his duty to reaffirm the peoples faith in
the judiciary.
SECTION 7. Judges shall not engage in conduct incompatible
with the diligent discharge of judicial duties.

BESO vs. DAGUMAN

(323 SCRA 566)
Held:
A marriage can be held outside the judges
chambers or courtroom only (1) at the point of
death; (2) in remote places in accordance with
Article 29; or (3) upon the request of both parties
in writing in a sworn statement to this
effect. None of these instances was present in
this case.