Judicial Ethics:

A branch of moral science which treats of the right and proper

conduct to be observed by all judges and magistrates in trying
and deciding controversies brought to them for adjudication
which conduct must be demonstrative of impartiality, integrity,
competence, independence and freedom from improprieties.

This freedom from improper acts must be observed even in the

judge’s private life.

NO DICOTOMY OF PERSONALITY*
Definition of terms:

Court – a board or other tribunal which decides a litigation or contest.

(Hidalgo vs Manglapus, 64O.G. 3189)

Judge – a public officer clothed with judicial authority, lawfully

appointed to decided justiciable questions on the basis of law.

De Jure judge – exercising the office as a matter of right, duly appointed.

De facto judge – a judge who in good faith continues to act and is

recognized by common error after the abolition of his court by statute is
deemed judge de facto of the new court which succeeds to the
jurisdiction of that presided over him. (U.S. vs. Abalos, 1 Phil. 76)
Judge’s family – includes judge’s spouse, son, daughter, son-in-law,
and any other relative by consanguinity or affinity within the sixth
degree, or person who is a companion or employee of the judge who
lives in the judge’s household. (A.M. No. 03-05-01-SC)

Attributes of a judge:

 Proven competence
 Integrity
 Probity
 Independence

(PIPI)
Case: Biraogo vs. Nograles and Limkaichong, G.R. 179120. 11 August
2009

The case pertains to the investigation conducted on the complained

leaking of an un-promulgated decision of the Supreme Court by
Justice Ruben T. Reyes.

Guilty – as a member of the BAR fine of P500,000.00

Defense: cannot be disciplined – member of the SC all actions

against it must be through the process of impeachment via the
legislative branch during his incumbency, and leakage is not nan
impeachable offense.
The defense is misplaced – Bar matter no. 979 in re: 1999 Bar
Examination, Justice Fidel P. Purisima, an incumbent Justice and
Chairperson of the 1999 bar examination was censured by the
court en banc (resolution issued dated March 22, 2000) for failure
to disclose that his nephew, a son of his eldest brother, was one of
the examinees. Penalty – forfeiture of 50% of his fees due to him
as Chairperson.
-------------------------------
Another defense is that : the fine of P500k in lieu of removal,
wherein he compulsorily retired during the pendency of the
investigation – such penalty including disqualification from holding
any govt. position can be imposed only via impeachment
proceedings?
No merit – the imposition of a penalty of disqualification of
holding any public office is tenable –

In In Re: Derogatory News Items Charging CA associate Justice

Demetria with interference on Behalf of a suspected Drug queen –
Yu Yuk Lai alias Sze Yuk Lai, requesting state prosecutor to
withdraw his motion for inhibition of Justice Muio as presiding
judge. He violated Code of Judicial Conduct rule 2.04 – he was
dismissed from service, forfeiture of all benefits and bared to hold
any public position.

Which is applicable to Justice Reyes – guilty of administrative

offense.
Another defense: such penalty imposed in the decision
dated February 24, 2009 was void – no due process –
because as justice of the SC he must be removed only
through impeachment – the reference cases as to Demetria
is applicable only to CA justices and Trial Court Justices not
to a SC justice.

Ruling – NO – There was right to be heard – during the

investigation – ample opportunity to be heard and present
witnesses and pieces evidence.
SC’s policy on confidentiality of its promulgated resolutions
or decisions – iron-clad rule it is confidential prior
promulgation. – indeed SC J. Reyes is indeed guilty of grave
misconduct – willfully caused the premature leakage of his
own decision prior to its official promulgation. – an
anathema to the preservation of the integrity of the Court as
the last bastion of justice.
--------------
Another contention – the rule on Automatic conversion of
administrative cases into disciplinary proceedings or
disbarment is applicable only to other judges aside from
Justices of the SC?
Contention misplaced: - CPR implementation lies with the Court, it
includes to regulate practice of law –

Qualification of lawyers from those of a justice cannot be dissociated.

Even though J. Reyes is retired he is still a member of the bar –
susceptible to disciplinary powers and sanctions of the Court under Sec.
6 Art. VIII of the Constitution.

Once said impeachable officer is no longer in office (retirement) court

may proceed against him and imposed sanctions for misconduct
committed during his tenure, according to the power of the court on
administrative supervision over members of the bar, save observance of
due process. (jurisdiction acquired during the filing of the case when he
is still incumbent will remain even after retirement.)
May a CJ or any SC justice be disbarred?

No – Art. VIII (7) (1) Art XI (2) – if yes there will be a circumvention
of the law and run afoul of the constitutional mandate of
members of the SC may be removed from office ONLY by
impeachment.

SAVE SERENO CASE – QUO WARRANTO

NEW CODE OF JUDICIAL CONDUCT FOR THE
PHILIPPINE JUDICIARY

KNOWN AS THE BANGALORE DRAFT

What is the Bangalore draft:

Round table meeting of Chief Justices in the Hague,

November of 2002 represented by Chef Justice Puno,
drafted a Universal Declaration of Judicial Standards
applicable to all judiciaries.

Hereby, adopts this New Code of judicial conduct for the

Philippine Judiciary. Took effect June 1, 2004
CANON 1 INDEPENDENCE
Distinctions between the court and the judge? – Court entity / the
judge is the person who occupies such entity.

Describe the office of a judge? – the office exist to promote

justice by administering it fairly and impartially. The judge is the
physical representation of the law and of justice.

If a criminal complaint arising from their administrative functions

(all judges and court personnel) filed with the Ombudsman, what
should be the treatment for such complaint? – defer the action-
refer to SC – separation of powers/ Art. VIII sec. 6 constitution –
admin. Supervision by the SC
Res ipsa loquitur doctrine – used in the investigation of judges.

Res ipsa loquitur resolutions – on the face of the assailed decisions an

inexplicable grave error bereft of any redeeming feature, a patent
railroading of a case to bring about an unjust decision, or a manifestly
intent to wreak an injustice against a hales party. (in re J. Baltazar
Dizon, adm. case 3086 1989)

Should a judge submit to pressure from whatever source?

- If do so – equivalent to betrayal of public trust – expected to be

fearless to render justice, to be unafraid to equipped with moral fiber
(Ramirez vs Corpus-Macandog 144 SCRA 462)
Rule on voluntary inhibition of a judge: -

 Based on moral- conscience - sound discretion – to avoid any

findings of arbitrariness partiality.

Rule on compulsory disqualification: -

Relationship = consanguinity or affinity within sixth degree

Related to the lawyer – 4th degree of affinity or consanguinity

To avoid suspicion / impartiality

Unless there is a written consent of all parties concerned
Relationship of a judge with society?

 Must refrain from all relationship which would normally tend to

arouse the suspicion that such relationship cloud his judgment
and avoid impartial attitude.
 Must not engaged in extrajudicial activities that will affect his
effectiveness as a judge.
 Must refrain fraternizing with litigants and their counsel.
 Avoid any financial and business ventures with any parties that
comes to his court.
 Canon 2 – Integrity

Not only in the performance of his official duties but also in his
personal demeanor, he carries the office every where he goes.

(Must be above reproach from the view of a reasonable observer)

Can a judge be removed from the service for entering false

statement in his Personal Data Sheet? Yes can be dismissed
“Have you ever been formally charged? NO (act of dishonesty)
(Samson vs J. Caballero, RTC br. 30 Cabanatuan City NRE AM RTJ
08-2138-2009
Can an administrative case against respondent judge at the same
time be considered as a disciplinary case against him as a member
of the bar?

YES A.M. # 02-9-02-SC – “ Automatic conversion of some

administrative cases against justices / judges and court officials who
are lawyers as disciplinary proceedings against them both as such
officials and members of the bar.”

Caballero case – both dismissed from service and disbarred

accordingly. – Falsehood
What is this that a judge be like Caesar's wife -

“A judge should be like Caesar’s wife because a judge must not only be pure
but must also appear to be so. Appearance is as important as reality in the
performance of judicial functions. Like Caesar’s wife, a judge must not only be
pure but must be beyond suspicion” (Palang vs Zosa 58 SCRA 776)

Judge was caught in demanding and receiving money from a party in

a case, sufficient ground to remove him?

Yes- dishonesty and impartiality and will promote act of impropriety.

(Yuson vs noel, 45 SCAD 116, 227 SCRA 1)
Judge received gasoline from party litigant and also clerk of court he
recommend - dismissal “ he violated the established norms of
judicial behavior and the best interest of the service. ( Heirs of the
late Rev. Father Jose Aspiras vs. J. Clifton U. Ganay AM RTJ 07-2055
2009)
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Some grounds for the dismissal of a judge?
1) Acceptance of bribe
2) Holding office and conducting hearing at his residence
3) Use of physical violence against court personnel who filed to
deliver nipa as roof of his house.
4) Receiving money – borrowing money not paying back
5) Ordering litigant to install air-con to his wife’s car
If a party filed an administrative case against a judge, will this
incident constitute a ground to disqualify the judge from trying
the case? Why?

NO – (Aparicio vs Andal GR 86587-93 1989)

SC said that the mere filing of an administrative case does not

constitute a ground for disqualifying the judge from hearing the
case, otherwise if this will be the norm, no judge will be
sufficient to handle pending cases in court. There must be first a
showing of arbitrariness on the part of the judge before it can be
considered partial or biased. To consider such disqualification.
Judge not reporting to his office because he has no hearing?
Improper – he must be there 8 hours a day/ devote time for
decision making and research - (Mendoza vs. Mabutas 42 SCAD
423 1993)

A judge used his chambers as his family’s residence?

Improper – even with the governor’s permission – still govt.
property – (Presado vs Genova, 223 SCRA 489 1993)

14 yrs old girl filed with the provincial prosecutor’s office complaint
of acts of lasciviousness against J Rivera of Alaminos Pang. The
investigating officer recommended that the judge be absolved of
the administrative case.
No – SC must pursue the administrative case – dismissed – a judge
is judged not only by his official acts but also by his private morals,
he was found guilty of gross misconduct prejudicial to the interest
of the judiciary. ( Junio vs J. Rivera AM MTJ 91-565 1993)
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Judge issued an order directing a person to appear in his sala and
explain why he should not be cited in contempt when he occupied
the parking space allotted for the judge?
Apologies rejected based on lack of knowledge, he was cited for
contempt use of parking space – imprisoned for two days & fine 1K–
defense of the judge – disrupted the speedy disposition of justice.
NO –SC-remote ground – (Nunez vs J. Ibay AM RTJ 06-1984 2009) J.
fined 40K to be deducted to his retirement pay.
Canon 3 - Impartiality

- Is essential to the proper discharge of judicial function – it applies

not only to the decision itself but also to the process by which the
decision is made.

- Impartiality – is to apply the law without fear or favor, absence

of bias or prejudice.

- He should not only be impartial but also appear impartial. –

meaning – free from suspicion from a reasonable observer.
Can a judge moto proprio order the presentation of evidence
without motion from any o the litigants? NO

It is Undue Interference in the conduct of the trial which bolster

the cause of one litigant against the other. (Ty vs. Banco Filipino
GR 149797-98 2004)

Judge can ask clarificatory question , but not question to fill the
gap of the testimonies to complete it in favor of one party, he is
lawyering for one party against the other.

(Umali-Paco vs Quilala AM RTJ 02-1699 2003)

 Judge displaying SIGNS of partiality and pre-judgment in a case. –
partiality and pre-judgment is a basis for voluntary inhibition – but
mere suspicion will not lie - there must be evidence to support
such suspicion.

(Fecundo vs. Berjamen – Dec. 18 1989 – a litigant is entitled to the

fairness and cold neutrality of an impartial judge.

A party litigant moved for the inhibition of the judge but did not
present evidence to proved it. - should the judge inhibit – NO
Absence CLEAR and CONVINCING evidence the judge may not
inhibit. (Heirs of Juaban v Bancale GR. 156011 2008)
Can a judge inhibit himself if he had prior personal knowledge of
the facts or pieces evidence to be presented in said case?

YES – the SC commended a judge who inhibited himself on such

grounds – because he will be participative in the presentation of
the evidence by his personal knowledge, it must be Bourne out of
the litigation by the parties to achieve partiality. ( Umale v Villaluz
L-33508 1973

An MTC judge took cognizance f a criminal complaint lodged by his

brother and issued a warrant of arrest – subject to disciplinary
action - (Garcia v Dela Pena AM RTJ 92-687 1994)
What is meant by REMITTAL OF DISQUALIFICATION?

A judge disqualified under Section 5 of Canon 3 may clear himself of

such disqualification so that he may handle the case, this is allowed
under Section 6

Instead of inhibiting will disclose on record the basis of

disqualification. Based on such disclosure the counsels and the
parties will all agree in writing that the reason for inhibition is
immaterial or unsubstantial, the judge may handle the
proceedings. The agreement, signed by all parties and lawyers, shall
be part of the record of the case.
Canon 4 – Propriety

Judges must not seek publicity for personal vainglory – judges are
not actors or politicians , they are prohibited from making
comments on any pending cases, must not cater to public opinion
to the detriment of justice. (Go vs. Ca 206 SCRA 165)

What is the quantum of evidence in administrative proceedings

against a judge? – substantial evidence – that amount of relevant
evidence to support a conclusion.
Judge admitted that he and Atty. Pajarillo become close friends in
1989 when they were both RTC judges in Naga City. Atty. hitched
ride to the respondent, several times seen in his residence making
long distance call to his children, and visited him in his office but the
door is open always, they are not seen always eating out and
drinking.

The act of the judge is improper? – No – it is not necessary to the

proper performance of judicial duty that judges should live in
seclusion – what must be avoided is that when the lawyer has
pending cases before the sala of the judge. (Abundo v Manio Jr.,
370 Phil. 850-866-867 1999)
The judge much always embrace acts of propriety in.

 Pending Cases
 Future Cases
 But at all times must be beyond reproach
 Avoid even the mere suggestion of partiality and impropriety

Is there affinity between the husband’s brother and the

wife’s sister?
Tiggangay v. J. Wacas AM OCA IPI No. 09-3243-RTJ, April 1,
2013)
Media coverage of hearing proper?

No- unnecessary taking of pictures of the court proceedings.

No broadcasting of proceedings over radio or live telecast.

Reason behind – such fanfare and publicity will debase the dignity
of the court proceedings - appearance will sugarcoat the truth.

Benelfre J. Galang vs. Judge Avelardo H. Santos AM No. MTJ 99

1197 1999) – judge engaged in publication of a gossip tabloid as
editor and legal adviser and as a gossip mongering columnist of a
local newspaper – Sun Star Clark - improper act- self destructive –
dismissed.
Judge married man but maintaining a mistress had two children – he
has behaved in a manner not becoming of his robe and as a model of
rectitude, betrayed the people’s high expectations and diminished the
esteem in which they hold the judiciary in general.
Circumstances shows lack of delicadeza – he is expected to act at all
time with propriety – dismissed – Dela Cruz vs. Judge Bersamira AM
No. RTJ 00-1567 2001
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No to ex-parte conference – act of a judge in meeting with
complainants without the presence of counsel and warning them not
to tell anyone, and demanding money under the guise of forging
peace between the parties constitute grave misconduct – Capuno v.
Jaramillo 53 SCAD 329)
Judge sends out handbills indicating his intention to run for
congress – gross misconduct – “he took advantage of his office to
boost his candidacy, demeaned the stature of his office and must
be pronounced guilty” (Vistan vs. Nicolas , 201 SCRA 524 1991)

Judge’s decision on appeal is only a nominal party – cannot

participate to defend his decision – Sabtiago vs. CA – 184 SCRA
690 1990)

Judge failure to render decision within the reglementary

period – reason delay of the stenographer to transcribed the
notes – (Balagot vs. Opinion, 195 SCRA 429 1991)
Judge was charge with illegal practice of law by appearing on
behalf of herself as co-accused? No – A party’s right to conduct
litigation personally is recognized by law. Section 34 of Rule 138 of
the Rules of Court.

“Before the court of justice of the peace a party may conduct his
litigation in person, with the aid of an agent or friend appointed by
him for that purpose, or with the aid of attorney. In any other court,
a party may conduct his litigation personally or by aid of an attorney,
and his appearance must be either in person or by a duly authorized
member of the bar.”(Maderada vs. Judge Ernesto Mediodea, AM No.
MTJ 02-1459 2003)
----- “but he must not represent his co-accused”
Unauthorized practice of law by a judge:

 Judge acting as lawyer and attorney in fact for his sister in a

complaint for recession of contract.

 Appeared in a land registration case and filed pleadings –

contention represented the heirs as a co heir and not as a
counsel? Defending the rights of his co-heirs amounts to probate
practice of law.

 Judge allowed her husband-lawyer to use his office as the

address of her husband to ensure receipt of pleadings etc. –
improper.
A judge told the litigant – “you are too handsome in your attire,
boy”

- The judge told the litigant – “Poloy, tell your employer that he is
just being bled dry by his lawyer.”

- The judge upon investigation said it is a lie

- The witness said otherwise
- Between the positive testimony of the complainant is stringer
than the negative testimony of the judge.

- Naval vs. Panday 275 SCRA 654 1997

Plunder charges against former President Estrada, Justice Badoy
ruled on a motion submitted before his court.

- The day of the resolution he disappeared

- The night there after, he went to GMA7 in an ambulance, went
on air and announce in public the resolution
- His defense is that the resolution might have been stolen and
sold by someone for a fee
- Guilty of misconduct

- SB Associate justice Badoy Jr., AM 01-12-01-SC 2003

Judge’s failure to consider so basic a rule, a law or a principle, the
judge is either too incompetent and undeserving, or too vicious
that the oversight or omission was deliberately done in bad faith
and in grave abuse of judicial authority.

--- this constitute Gross Ignorance of the law (presence of malice is

not required to be prove)

Jandra vs. Rojas 530 SCRA 796 2007

Canon 5 Equality:

Judge denied petition for bail, and denied MR – movant asked for
the inhibition of the judge in the said case.

NO- not sufficient to prove bias and prejudice to disqualify the

judge.

BIAS and PREJUDICE – must come from EXTRAJUDICIAL source not

on the merits based on the piece of evidence presented.

(Victorio Alegra Jr., vs Hon Velez Jr. GR 127400 1998)

Power of the Court to site persons in contempt:

 It is an inherent power of the court to protect justice

 Use to preserve the dignity of the court from callous behavior
 it is plenary in nature – it is exercised with utmost restraint
 The judge must consider other less harsh remedies and contempt
be the last option

(De Guia vs. Guerrero Jr. 54 SCAD 1, 234 SCRA 625 1994)
Canon 6 Competence and Diligence:

Judge renders judgment a day after a case is submitted for decision

– did he act with propriety?

YES – there is no impropriety in the act, instead of questioning the

judge he must be commended for his close attention to duty.
(Fule vs CA, et al GR 112212 1998)

But it is required that he decide the case within reglementary period

if not it is tantamount to gross dereliction of duty subject to
disciplinary sanctions. (oversight not a defense – even non
transcription of the stenographer)
When is a judge liable for rendering an unjust judgment?

If the judgment is laced with bad faith, malice, revenge, or some

other like motive.
(Heirs of the late Yasin vs Judge Felix, 66 SCAD 157, 250 SCRA 545)

------------
May a judge be held administratively accountable for every
erroneous order or decision he rendered?
NO – judge is not infallible at the most, the error must be
gross or patent, malicious, deliberate or evident in bad faith
that warrants sanctions. ( Austria v judge Beltran AM RTJ 98-
1406 1999)
As judge order the release of an accused with insufficient bail.
Judge liable –error was gross and patent violation on the rules on
bail. (Guillermo vs Reyes 58 SCRA 130

Best defense of a judge against ignorance of the law – it can find

refuge on good faith. (same case)
-----------
Judge – solemnized marriage even if the requirements submitted
by the couples were incomplete, questionable in character and
has visible signs of tampering?

Subject to sanctions- constitute gross inefficiency

(De Vega v Asdala AM RTJ 06-1997 2006)
Judge granted bail in a capital offense absence of bail hearing?

Bail hearing is mandatory – safeguard against arbitrariness –

(Concerned Citizens vs Elma, 58 SCAD 720 241 SCRA 84)

The judge dismissed 6 information for violation of BP 22 because the

checks were undated? Proper?

(Torres vs. Pedrosa 8-22-1989)

MTC Judge issued hold departure order:

Gross ignorance of the law – SC circular 39-97 – MTC cannot issue

HDO ----- RTC an issue such order not the MTC
-------------

Error of judgement without bad faith is not subject to sanctions:

Judge extended the validity of a search warrant on the 10th day

before it expires. - error in judgement – no bad faith
(Franil vs Pagayatan, 363 SCRA 707 2001)
Elements of Knowingly rendering an unjust judgment:

1. Offender is a judge
2. Renders a judgement in a case submitted to him for decision
3. The judgment is unjust
4. He knows the judgment is unjust
Incase of DOUBT:

ALWAYS RULE

AGAINST THE LAWYER AGAINST THE JUDGE

References and materials used:

Legal and Judicial Ethics (bar reviewer 2018 ed.

Judge Ed Vincent S. Albano (Ret.)
Ed Vincent A. Albano II (+)
Myla Khristabelle A. Albano – Pua
Ed Vincent A. albano III

Reviewer In Legal and Judicial Ethics by Vyva Victoria M. Aguirre

2019 ed.

Ethically Yours
(Your Legal and Judicial Ethics Reviewer)
Jonas Florentino DL. Cabochan 2018 ed

Comments on Legal and Judicial Ethics

Eldrid C. Antiquiera 2018 ed