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Blje Judicial Conduct Canon 5

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81 views4 pages

Blje Judicial Conduct Canon 5

Uploaded by

kristinemaeruiz99
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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WARNING: Everyone who had accessed this audio and video

recording is prohibited to reproduce, recopy, share, and


distribute (or anything similar) which shall violate my
EXPRESS PROHIBITION to share, reproduce, recopy, or
reprocess this material without my consent and approval in
writing (offline and online platforms). Doctrine of Fair Use
does not apply. For your utmost compliance. Violators,
including law students shall face sanctions such as but not
limited to disqualification to even take the bar exam.

CANON 5: EQUALITY
ENSURING EQUALITY OF TREATMENT TO ALL BEFORE
THE COURTS IS ESSENTIAL TO THE DUE PERFORMANCE
OF THE JUDICIAL OFFICE.

As the guardians of justice, courts must adhere to the principle of


equality. People expect the courts to be unaffected by differences
in social status, degree of education, and even physical abilities
(NEW CODE OF JUDICIAL CONDUCT FOR THE PHILIPPINE
JUDICIARY, Annotated)

Section 1 - Judges shall be aware of and understand


diversity in society and differences arising from various
sources, including, but not limited to, race, color, sex,
religion, national origin, caste, disability, age, marital status,
sexual orientation, social and economic status, and other like
causes.

To render substantial justice and maintain public confidence in the


judicial system, judges are expected to be aware of the diversity
in society that results from an increasing worldwide exchange of
people and ideas. They must be able to avoid the infiltration of
preconceptions into their decisions. They should be mindful of the
various international instruments and treaties ratified by the
Philippines, which affirm the equality of all human beings and
establish a norm of non-discrimination without distinction as to
race, sex, language, or religion.

(NEW CODE OF JUDICIAL CONDUCT FOR THE PHILIPPINE


JUDICIARY, Annotated).

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.

Duty against Bias and Prejudice


He must constantly exercise restraint that he must not talk or act
where his judgment may be predicted. No one should be able to
read his face as to what side he will tilt the balance of justice.
(PINEDA)

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, without differentiation on any irrelevant ground,
immaterial to the proper performance of such duties.

Judicial functions should be carried out in an orderly manner free


from any extraneous disruptions. Acts of inconsiderateness,
disrespect, and discourtesy disrupt judicial proceedings which
unduly hamper the judge's task. In the end, it is the administration
of justice which suffers as a result of poor human relations with
the parties, witnesses, lawyers, court staff, and even judicial
colleagues (FUNA).

As arbiters of the law, judges should be conscientious, studious,


courteous, patient, and punctual in the discharge of their judicial
duties, recognizing that time of litigants, witnesses and counsel is
of value.

As such, judges should act with decorum toward jurors, parties,


court staff, and spectators alike. If the court environment is
intimidating or biased, the court itself may deter and limit access
to justice (NEW CODE OF JUDICIAL CONDUCT FOR THE
PHILIPPINE JUDICIARY, Annotated).

Section 4 - Judges shall not knowingly permit court staff or


others subject to his or her influence, direction, or control to
differentiate between persons concerned, in a matter before
the judge, on any irrelevant ground.

Members of the court staff and persons under the direction of the
judge should be instruments, as well, in the orderly administration
of justice. They can either assist in its smooth administration or
contribute to its undue hamper. It is the task of the judge to
ensure that these persons do their part in the proper
administration of justice. Inappropriate conduct of the court staff
towards the party litigants should be the accountability of the
judge. The judge's failure to properly supervise his staff
constitutes negligence on his part (FUNA)

All personnel charged with the dispensation of justice should


conduct themselves with a high degree of responsibility. The
image of a court, as a true temple of justice, is mirrored in the
conduct, official or otherwise, of the men and women who work
thereat (Mataga v. Rosete, A.M. No. MTJ-03-1488, October 13,
2004).

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,
except such as are legally relevant to an issue in
proceedings and may be the subject of legitimate advocacy.

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