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College of Law
Legal and Judicial Ethics Review
Second Semester 2015-2016
Atty. Victoria V. Loanzon
PART TWO - JUDICIAL ETHICS
I. Sources of Judicial Ethics:
1. The Constitution;
2. The Rules of Court;
3. Statues creating courts;
4. The New Canons of Judicial Conduct for the Philippine Judiciary (took effect on June 1,
2004 per A.M. 03-05-01-SC) which was patterned after the Bangalore Draft of Code of
Judicial Conduct; and
5. Code of Judicial Conduct
II. Membership in the Judiciary
Qualifying to the Bench
1. Members of the Supreme Court and lower appellate courts: Section 7(1), Article VIII,
1987 Constitution mandates that a Justice of the Supreme Court and all collegiate appellate
courts must be a natural born Filipino.
Qualifications of SC Justice: natural born Filipino, at least be 40 years old, must have been for
15 years or more a judge of a lower court or engaged in the practice of law in the Philippines.
2. Members of the lower courts (regional trial courts and first level courts): Section 7(2),
article VIII, 1987 Constitution provides that Congress shall provide for qualifications but one
must be citizen of the Philippines and member of the Philippine Bar.
3. Common qualification for all members of the judiciary, Section 7(3), Article VIII, 1987
Constitution provides: A member of the Judiciary must be a person of proven competence,
integrity, probity and independence.
Villanueva v. JBC (2015)
Jardeleza vs. Chief Justice Sereno and JBC (2015)
4. Term of Office: Section 11, Article VIII, 1987 Constitution provides that members of the
judiciary shall hold office during good behavior until they reach 70 years old or they become
incapacitated to discharge the duties of their office.
5. Manner of Selection and Appointment (Read Section 8, Article VIII, 1987 Constitution
for the composition, powers and term of office of members of the Judicial and Bar Council)
Chavez v. JBC, et al., G.R. No. 202242, July 17, 2012
Appointments made by the President in the judiciary do not need any confirmation by the
Commission on Appointments. (Section 9. Article VIII, 1987 Constitution)
Please note that:
Any vacancy in the Supreme Court must be filled within 90 days from the occurrence
thereof. (Section 4(1), Article VIII, 1987 Constitution)
For lower courts, the President shall issue the appointments within 90 days from the
submission of the list. (Section 9, Article VIII, 1987 Constitution)
When a judge should not inhibit himself: Absent any ground for disqualification, a judge should
not inhibit and if a motion to that effect is filed, he should deny it if, despite the circumstances
cited by the movant, he honestly believes that he can act on the case objectively.
2. Remittal of Disqualification: Nature of remittal: Remittal of disqualification is the process
by which a judge who is disqualified to sit on a case on any of the grounds enumerated in
Section 5, Canon 3, may purge himself of such a disqualification so that he may act upon the
case.
How remittal is effected: This process is allowed under Section 6 of the same Canon which
provides:
A judge disqualified as stated above may, instead of withdrawing from the proceeding, disclose
on the record the basis of disqualification. If, based on such disclosure, the parties and lawyers,
independently of the judges participation, all agree in writing that the reason for inhibition is
immaterial or unsubstantial; the judge may then participate in the proceeding. The Agreement,
signed by all the parties and lawyers, shall be incorporated in the record of the proceedings.
V. Discipline of Members of the Judiciary
A. Members of the Supreme Court: Impeachment. (Section 2, Article XI, 1987
Constitution); Grounds; and Proceedings
In re: Undated letter of Mr. Louis C. Biraogo, A.M. No. 09-2-19, S.C
In Re: Letter Complaint of Atty. Pena against Justices Carpio and Sereno, A.M. No. 12-611- SC
B. Discipline of Appellate Justices and Lower Court Judges: Read Section 11, Article VIII,
1987 Constitution
1. Jurisdiction over disciplinary cases: The Supreme Court en banc shall have the power to
discipline appellate justices and lower court judges.
2. Vote required to dismiss a member of the judiciary: A majority vote of all justices who
actually took part in the deliberations on the issues in the case and voted thereon.
3. Grounds for disciplinary action over appellate and trial judges
4. Sanctions: fines, suspension, dismissal from office, forfeiture of benefits and disbarment
Office of the Court Administrator v. Atty. Daniel R. Liangco (A.C. No.5355, December
11, 2011)
VI. Administrative Aspects over Court Matters, Responsibilities and Discipline of Court
Personnel
A. Powers and Duties of Courts and Judicial Officers (Rule 135)
B. Court Records and General Duties of Clerks and Stenographer (Rule 136)
C. Legal Fees (Rule 141): Manner of payment: legal tender; principles of Negotiable
Instruments Law will apply; fees in lien; and persons authorized to collect legal fees
D. Costs: Recovery of costs (Rule 142):
a) Prevailing party;
b) Dismissed appeal or action
c) Frivolous appeal; d) false allegations; and
e) Non-appearance of witness
Cases:
1. Case related to sheriffs fees: Sanga v. Alcantara and Bisnar, A.M. No. P-09-2657, January 25, 2010;
Dy Teban Trading Co., Inc. v. Verga, A.M. No.-11-2914, March 16, 2011
2. Cases on misconduct of court personnel: Hernando v. Bengson, A.M. No. P-09-2686, March 10, 2010;
and March 21, 2012; Consolacion v. Gambito, A.M. Nos. P-06-2186 and P-12-3026, July 3, 2012; Judge
4
Adlawan v. Capilitan, A.M. No. P-12-3080, August 23, 2012; Celavite-Vidal v. Aguam, A.M. No. SCC-1013-P, June 26, 2012
3. Cases on liability related to custody of judicial funds: OCA v. Atty. Lometillo et al., A.M. No. P-092637, March 29, 2011; OCA v. Peradilla, A.M. No. P-09-2647, July 17, 2012
4. Case for lapse in securing court premises: Re: Theft of Used G.I. Sheets in the SC Compund, Baguio
city, A.M. No.2008-15- SC, May 31, 2011
5. Cases on absenteeism and falsification of time records: OCA v. Araya, Jr, Utility Worker, A.M. No. P12-3053; OCA v. De Lemos et al., A.M. P-11-2953, September 28, 2011
6. Case on taking of monetary evidence for personal purpose: OCA v. Musni, A.M. P-11-3024, July 17,
2012
7. Case on neglect of duty: Memo of Judge Yu to Ms. Lagman and Ms. Bassig, A.M. No. P-12-3033,
August 15, 2012
In recent cases decided by the S.C. involving court personnel, the Court made the following
rulings:
1. A court stenographer must pay just obligations as there is a compelling need to preserve
decency in the judiciary.
2. Court personnel is likewise covered by the prohibition that he cannot purchase a
property involved within the jurisdiction of their courts.
3. A clerk of court who delays the transmittal of records to the appellate court is guilty of
misconduct and merits suspension without pay.
4. A clerk of court who fails to issue an Official Receipt as Commissioners fee and the
stenographers fee exhibits misconduct.
5. A clerk of court who fails to remit money received in the course of his work may be
suspended and the amount unremitted will be deducted from his salary until fully paid.
6. A clerk of court who showed oppressive conduct towards her subordinates may be
dismissed from service if the subordinates and other third parties are able to substantiate
their claims.
7. A court personnel who is found guilty of dishonesty, grave misconduct, unlawful
behavior or who is found to have a disposition to lie, cheat, deceive, defraud or betray;
untrustworthiness, lack of integrity, lack of honesty, probity or integrity in principle; and
lack of fairness and straightforwardness may face not only administrative investigation by
the Office of the Court Administrator but may likewise be charged for violation of Civil
Service Rules and Regulations and violation of the Revised Penal Law and other Special
Penal Laws involving public officers.