Fariola, Lea Gabrielle M.
– M7
Assignment 1: Discuss and illustrate each of the Canons of the New Code of Judicial Conduct of
the Philippine Judiciary
A judge, according to People vs. Manantan, is clothed with judicial authority; he is a
public officer lawfully appointed to decide litigated questions in accordance with law. Judicial
ethics is the branch of moral science which deals about the proper conduct to be observed by
judges in deciding controversies; that even in their private lives, such shall be observed. One
source of judicial ethics is the New Code of Judicial Conduct. The Code is composed of six
Canons – independence, integrity, impartiality, propriety, equality and competence and
diligence.
Independence
Canon 1 talks about independence. Public practitioners are expected to observe it. An
example would be auditors who shall provide unbiased and unprofessional opinion on the work
that they audit. There are five threats to an auditor’s independence: self-interest threat which
exists if the auditor has direct or indirect financial interest in the company; self-review threat
which exists if he is auditing his own work; advocacy threat which exists if the auditor is
involved in promoting the client; familiarity threat which exists if the auditor is personally close
or familiar with employees; and intimidation threat which exists if the auditor is intimidated by
management or directors.
Such threats may also exist in our judiciary who are expected to have greater
independence since they have to decide issues between parties. In order to maintain auditor
independence, safeguards are added; such is also provided in Section 7 of Canon 1 since they are
needed to maintain and enhance the institutional and operational independence. In this canon, it
is emphasized that in the performance of a judge’s duties, a judge must be free from the
influence of judicial colleagues, family, social and other relationships, as well as the executive
and legislative branches of government.
Integrity
In Canon 2 of this Code, a judge shall not only conduct himself with integrity but must
also be perceived to be so in the eyes of the public. It is not enough that he performs acts with
integrity but he must also show people and this is to maintain the people’s faith in the integrity of
the judiciary. In addition, he shall also take responsibility of lawyers and court personnel; that he
has to initiate disciplinary measures for unprofessional conduct.
Impartiality
Since a judge’s duty is to decide on issues between two parties that is why impartiality is
essential; not only on the decision but also on how the decision was arrived at; there must be the
absence of bias toward one or other of the parties. It is also emphasized in this Canon that it is
the judge’s duty to enhance and maintain the confidence of the public, the legal profession and
litigants. Judges must also refrain from making any comments in public that might affect fair
trial or an issue or any person and shall also minimize occasions that will make it necessary for
them to be disqualified from hearing and deciding cases. If the judge is unable decide the matter
impartially or if it may appear to the public that he is unable to decide the matter impartially,
then he shall disqualify himself from participating in any proceeding.
Propriety
Like those in the other Canons, it is not only propriety that is essential but also the
appearance of propriety. Propriety is the state of conforming to standards that is why in Canon 4,
specific provisions were stated.
Freedom of expression, belief, association and assembly is discussed in this Canon,
however, it is limited in a way that when they exercise such right, judges must still conduct
themselves in such a manner as to preserve the dignity of the judicial office and the impartiality
and independence of the judiciary. In a way, the provision in Section 9 is also a limitation since it
also talks about nondisclosure of confidential information acquired by judges in their judicial
capacity.
There are specific conducts as well on what a what may or may not do. A judge shall not
practice law while he is a holder of a judicial office. Also, he is allowed to form or join
associations of judges and participate in organizations representing the interest of judges.
Another would be regulations regarding personal relations, family members, association,
and court staff. A judge shall not participate in the determination of a case of any of the relations
mentioned and shall not allow the use of their residence to receive clients.
Regarding restrictions on financial interests, provisions involve not only the judges
themselves but also their family members. A judge cannot use their office to advance their or
their family’s interests. The prohibition in accepting gifts, bequests, loans or favors in connection
with their duties or functions are not only for judges but for the mentioned relations, as well.
Also, in receiving tokens, gifts or benefit as appropriate to certain occasions, it is subject to law
and any legal requirements of public disclosure.
Equality
Equality, in this manner, is connection with the treatment to all before the court which is
essential to the due performance of the judge’s office. Canon 5 requires a judge to be aware of
and understand diversity and shall carry out duties with appropriate consideration for all persons
involved in the case. Judges shall not manifest bias and prejudice toward any person or group of
persons in the performance of his duties and he shall also require lawyers before his court to
refrain from such conduct.
Competence and Diligence
Due performance is required of judges and it will be possible to deliver such service if the
judge is competent or diligent. Section 1 requires that judicial shall take precedence over all
other activities since they are to devote their professional activities to their function; not only in
court and the making of decisions but also other tasks relevant to the judicial office or the court’s
operations.
Some parts of this Canon are in line with Canon 5 of the Code of Professional
Responsibility, “A lawyer shall keep abreast of legal developments, participate in continuing
legal education programs, support efforts to achieve high standards in law schools as well as in
the practical training of law students and assist in disseminating the law and jurisprudence.” A
judge shall make efforts to enhance and maintain the skills and qualities required of a judicial
officer shall take advantage of training and other facilities made available to judges.
Promptness is also highlight in Canon 6 especially in dealing with the delivery of
decisions. Also, in all dealing in the court, a judge shall maintain decorum. Judges shall see to it
that litigants, witnesses, lawyers and others shall be dealt with in a dignified and courteous
manner and that they shall require the same manners from the legal representatives, courts staff
and the like. Lastly, a judge shall conduct himself in line with the diligence required in the
discharged of judicial duties.
All in all, as members of Bar, the Code of Professional Responsibility (CPR) serves as
guidelines on how to conduct oneself as a lawyer. Since a judicial officer is vested upon a
heavier responsibility, the New Code of Judicial Conduct is a further addition to the CPR in
order to ensure that the judge observes the proper conduct in solving controversies between
parties.
