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Document (6) New Code of Judicial Conduct For The Phil Judiciary

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0% found this document useful (0 votes)
8 views5 pages

Document (6) New Code of Judicial Conduct For The Phil Judiciary

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© © All Rights Reserved
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New Code of Judicial Conduct for the Philippine Judiciary

Canon 1 - Independence

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.

Section 1
Judges shall exercise the judicial function independently on the basis of their assessment of the
facts and in accordance with a conscientious understanding of the law, free of any extraneous
influence, inducement, pressure, threat or interference, direct or indirect, from any quarter or for
any reason.

Section 2
In performing judicial duties, judges shall be independent from judicial colleagues in respect of
decisions which the judge is obliged to make independently.

Section 3
Judges shall refrain from influencing in any manner the outcome of litigation or dispute pending
before another court or administrative agency.

Section 4
Judges shall not allow family, social, or other relationships to influence judicial conduct or
judgment. The prestige of judicial office shall not be used or lent to advance the private interests
of others, nor convey or permit others to convey the impression that they are in a special position
to influence the judge.

Section 5
Judges shall not only be free from inappropriate connections with, and influence by, the
executive and legislative branches of government, but must also appear to be free therefrom to a
reasonable observer.

Section 6
Judges shall be independent in relation to society in general and in relation to the particular
parties to a dispute which he or she has to adjudicate.

Section 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.

Section 8
Judges shall exhibit and promote high standards of judicial conduct in order to reinforce public
confidence in the judiciary, which is fundamental to the maintenance of judicial independence.
Canon 2 - Integrity

Integrity is essential not only to the proper discharge of the judicial office but also to the personal
demeanor of judges.

Section 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.

Section 2
The behavior and conduct of judges must reaffirm the people's faith in the integrity of the
judiciary. Justice must not merely be done but must also be seen to be done.

Section 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.

Canon 3 - Impartiality

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.

Section 1
Judges shall perform their judicial duties without favor, bias, or prejudice.

Section 2
Judges shall ensure that their 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.

Section 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 a matter.

Section 4
Judges shall not knowingly, while a proceeding is before, or could come before, them make any
comment that might reasonably be expected to affect the outcome of such proceeding or impair
the manifest fairness of the process. Nor shall judges make any comment in public or otherwise
that might affect the fair trial of any person or issue.
Section 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.

Section 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 agree in writing that the reason for the inhibition is immaterial or unsubstantial,
the judge may then participate in the proceeding.

Canon 4 - Propriety

Propriety and the appearance of propriety are essential to the performance of all the activities of
a judge.

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.

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 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.

Section 9
Confidential information acquired by judges in their judicial capacity shall not be used or
disclosed for any purpose not related to their judicial duties.

Section 10
Subject to the proper performance of judicial duties, judges may:

 Write, lecture, teach and participate in activities concerning the law, the legal system, the
administration of justice, or related matters.
 Appear at a public hearing before an official body concerned with matters relating to the
law.

Section 11
Judges shall not practice law while holding judicial office.

Canon 5 - Equality

Ensuring equality of treatment to all before the courts is essential to the due performance of the
judicial office.

Section 1
Judges shall be aware of and understand diversity in society and differences arising from various
sources.

Section 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.

Section 3
Judges shall carry out judicial duties with appropriate consideration for all persons, such as the
parties, witnesses, lawyers, court staff, and judicial colleagues.

Section 4
Judges shall not knowingly permit court staff or others subject to their influence to differentiate
between persons on irrelevant grounds.
Section 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.

Canon 6 - Competence and Diligence

Competence and diligence are prerequisites to the due performance of judicial office.

Section 1
The judicial duties of a judge take precedence over all other activities.

Section 2
Judges shall devote their professional activity to judicial duties, which include not only the
performance of judicial functions and responsibilities in court but also other tasks relevant to the
judicial office or the court's operations.

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.

Section 4
Judges shall keep themselves informed about relevant developments of international law,
including human rights norms.

Section 5
Judges shall perform all judicial duties efficiently, fairly, and with reasonable promptness.

Section 6
Judges shall maintain order and decorum in all proceedings before the court and be patient,
dignified, and courteous.

Section 7
Judges shall not engage in conduct incompatible with the diligent discharge of judicial duties.

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