New Code of Judicial Conduct For The Philippine Judiciary
New Code of Judicial Conduct For The Philippine Judiciary
NERY
A. More than all the other functionaries of government, judges are expected to act at
all times with rectitude and to live an honorable life.
B. The demand of uprightness upon a judge pertains not only to this public conduct
and behavior but also upon his private acts and deeds.
C. It is imperative that a judge should not only be independent, honest, fair, diligent
and competent but must be perceived by the public to be so.
D. The test to determine whether an act or behavior of a judge is ethical or not is:
1. Canon 1 – INDEPENDENCE
A. Concept:
1. Institutional Aspect
2. Individual Aspect
C. Importance:
1
Chief Justice of Tasmania, quoted by Justice R.D. Nicholson, SC Justice of Western Australia
D. Safeguards of judicial independence:
1. Institutional Safeguards:
1.3 All justice and judges of all levels of court have security of tenure
which cannot be undermined by a law reorganizing the judiciary.11
1.4 Justices and judges shall not be designated to any agency performing
quasi judicial or administrative functions.
1.5 The salaries of justices and judges may not be reduced during their
continuance in office.12
2. Individual safeguards:
2
Article VIII, section 4 (1), Phil. Constitution
3
Art VIII, section 2
4
Art. VIII, sec. 6
5
supra
6
Art. VIII, section 5 (5)
7
Art. VIII, sec. 5 (3)
8
Art. VIII, se, 5 (6)
9
Art. VI, section 30
10
Art. IX, sec . 2
11
Art. VIII, sec. 6
12
Art. VIII, sec. 10
13
Art. VIII, sec. 3
E. Most Important Aspects of Judicial Independence:
1. Selection
The selection process of judges and justices must be rigid and based
upon merit of the highest quality.
2. Tenure
The tenure of judges should be secured and for a comparatively
longer period that other public officials.
3. Removal
The grounds for removal of judges must be clearly defined and
limited only to serious misconduct affecting their fitness to occupy
a judicial position. The process of removal should be fair and with
full observance of the rule on due process.
G. Jurisprudence:
Normative Cases:
1. Ocampo vs, Cabangis, 15 Phil. 626 [1910]
Legislature has no power to prescribe the manner in which the
courts may exercise their constitutional functions. To concede that
authority to the legislature is to allow it to control the courts.
15
G.R. No. 160261 November 10, 2003, and 17 other Petitions against the House of Representatives
16
Separate concurring opinion of Justice Dante Tinga