Canon 4 Report

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CANON 4

Bahian, Andrea Kristina


Fernandez, Leizle
Maristela, Jacinth
Rodriguez, Joy Mariel
Talotalo, Elson
Code of Judicial Conduct New Code of Judicial Conduct
Canons
Effective October 20, 1989 Effective June 1, 2004
Integrity and Independence (3
Canon 1 Secs) Independence (8 Secs)
Canon 2 Propriety (4 Secs) Integrity (3 Secs)
Honesty, Impartiality and
Canon 3 Diligence (13 Secs) Impartiality (6 Secs)
Canon 4 Allowed Activities (1 Sec) Propriety (15 Secs)
Extra-Judicial Activities (10
Canon 5 Secs) Equality (5 Secs)

Canon 6 Competence and Diligence (7 Secs)


Code of Judicial Conduct
Effective October 20, 1989
Canon 4.
A JUDGE MAY, WITH DUE REGARD TO
OFFICIAL DUTIES, ENGAGE IN
ACTIVITIES TO IMPROVE THE LAW, THE
LEGAL SYSTEM AND THE
ADMINISTRATION OF JUSTICE.
Rule 4.01

A judge may, to the extent that the following activities do not


impair the performance of judicial duties or cast doubt on the judge’s
impartiality:
(a) speak, write, lecture, teach or participate in activities concerning
the law, the legal system and the administration of justice;
(b)appear at a public hearing before a legislative or executive body on
matters concerning the law, the legal system and the administration
of justice and otherwise consult with them on matters concerning
the administration of justice;
(c) serve on any organization devoted to the improvement of the law,
the legal system or the administration of justice.
Judges have heavy responsibilities which must not be undermined by
other heavy activities

Court Administrator vs Estacion (1990)


The conduct and behavior of everyone connected with an office charged
with the disposition of justice should be circumscribed with the heavy burden of
responsibility. It has been held that “The conduct and behavior of everyone
connected with an office charged with the disposition of justice, x x x should be
circumscribed with the heavy burden of responsibility. His conduct, at all times,
must be characterized with propriety and above all must be above suspicion.”
(Jereos, Jr. vs. Reblando, Sr., 71 SCRA 126). Although every office in the
government service is a public trust, no position exacts a greater demand on
moral righteousness and uprightness of an individual than a seat in the judiciary.
Regulation of extrajudicial activities

• Raboca vs Pantanosas
Judges should regulate their extrajudicial activities in a manner
that would not interfere with or affect adversely their judicial
functions.—Initially, the respondent Judge attempted to so excuse the
delay by citing his other duties as an officer of the Municipal Judges
League; later, he cited his failing eyesight. Canon 5 of the Code of
Judicial Conduct would demand that judges should regulate their
extrajudicial activities in a manner that would not interfere with or
affect adversely their judicial functions.
A God-fearing judge is a trust-worthy judge

Best option to take is to participate in activities CLOSELY related to


the performance of his duties.

A truly God-fearing judge is always a trust worthy judge. His


conscience, which is truth and service-oriented will make a lot of
difference.
Code of Judicial Conduct
Effective June 1, 2004
Canon 4

PROPRIETY
SECTION 1.

Judges shall avoid impropriety and the


appearance of impropriety in all of their activities.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 10.

Subject to the proper performance of judicial duties, judges may:

(a) Write, lecture, teach and participate in activities concerning the law,
the legal system, the administration of justice or related matters;

(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.
SECTION 11.

Judges shall not practice law whilst the holder


of judicial office.
SECTION 12.

Judges may form or join associations of judges or


participate in other organizations representing the
interests of judges.
SECTION 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.
Republic Act 6713
Section 7 (d)

Public officials and employees shall not solicit or accept, directly or


indirectly, any gift, gratuity, favor, entertainment, loan or anything of
money value from any person in the course of their official duties or in
connection with any operation being regulated by, or any transaction
which may be affected by the functions of their office.
SECTION 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, to be done or omitted to be done in connection with
their duties or functions.
SECTION 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 be reasonably perceived as intended to influence the judge
in the performance of official duties or otherwise give rise to an
appearance of partiality.
Republic Act 6713
Section 7 (d)

1. The acceptance and retention by a public official or employee of a gift of


nominal value tendered and received as a souvenir or mark of courtesy.
2. The acceptance by a public official or employee of a gift in the nature of
a scholarship or fellowship grant or medical treatment; or
3. The acceptance by a public official or employee of travel grants or
expenses for travel taking place entirely outside the Philippines (such as
allowances, transportation, food and lodging) of more than nominal
value if such acceptance is appropriate or consistent with the interest of
the Philippines, and permitted by the head office, branch or agency to
which the judge belongs.
THANK YOU!!

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