CANON 5:

EQUALITY
BRIEF HISTORY AND BACKGROUND OF
THE NEW CODE OF JUDICIAL CONDUCT
FOR THE PHILIPPINE JUDICIARY

(THE BANGALORE DRAFT)

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 Equality had been exercised in all
nations by mere conduct which was
socially acceptable to all people.
If we look to the laws, they afford
equal justice to all in their private
differences; if no social standing,
advancement in public life falls to
reputation for capacity, class
considerations not being allowed to
interfere with merit; nor again does
poverty bar the way." (Pericles, 431
BC)
EQUAL JUSTICE UNDER THE LAW
 EQUALITY AS TO JUDGES

In rendering decisions, there should

be no bias that may cause injury or
prejudice to the ones being affected.
A judge should be familiar with the
international and regional
instruments that prohibit
discrimination against vulnerable
groups in the community.
 Article 14, Paragraph 1, of the
International Covenant on Civil and
Political Rights,
All persons are equal before the courts,

Article 2, Paragraph 1 of the International

Covenant on Civil and Political Rights,
Recognizes the right of every individual to a
fair trial without any distinction whatsoever as
regards race, colour, sex, language, religion,
political or other convictions, national or social
origin, means, status or other circumstances.
 CANON 5, EQUALITY
ENSURING EQUALITY OF
TREATMENT TO ALL BEFORE THE
COURTS IS ESSENTIAL TO THE
DUE PERFORMANCE OF THE
JUDICIAL OFFICE.
 CANON 5
New Canon. Not found in the previous two
Philippine Codes of Judicial Conduct
It expands the measures to promote equality
required by international human rights
agreements
The drafters of the New Code of Judicial Conduct
were well aware of the basic principles found in
many U.N. documents and thus included
principles of equality and non-discrimination as
a reaffirmation of equality in the enjoyment of
human rights and fundamental freedoms.
 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
Canon 5 Preamble: ensuring
equality of treatment to all before
the courts is essential to the due
performance of the judicial office.
 Judges shall be aware of and
understand diversity in society
SECTION 1
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.
 Judges should be mindful of the various
international instruments and treaties
ratified by the Philippines.
Everyone must be treated equally under the
law regardless their race, gender, national
origin, color, ethnicity without privilege,
discrimination or biases.
Judges should not yield to first impression,
reach hasty conclusions or prejudge matters.
Theyhaveadutytoensure
thattheminoritystatusoftheaccused plays
no part in their decisions.
 Judges maynot use derogatory or
condescending language in their judgment
when dealing witha rape complaint.
Due process cannot be satisfied in the
absence of objectivity onthe part of a judge
sufficient to reassure litigants that the judicial
system is fair andjust.
Judges should attempt by appropriate means
to remain informed about changing attitudes
and values and to take advantage of suitable
educational opportunities that will assist
them to be and appear to be impartial.
Castillo v. Judge Juan, 62 SCRA 124
 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.
 Judges must accord themselves at all times
in such a manner that their conduct can
withstand the highest level of public
scrutiny. They should strive to ensure that
his or her conduct is such that any
reasonable observer would have justifiable
confidence in his or her impartiality.
Candia v. Tagabucha, A.M. No. 528-MJ,
September 12, 1977
Judges should avoid comments, expressions,
gestures or behaviours that may reasonably
be interpreted as showing insensitivity or
disrespect.
 A judges critical comments about ethnic
origins, including the judges own, are also
undignified and discourteous.
A judge should be particularly careful to
ensure that his or her remarks do not
have a racist overtone and that they do
not, even unintentionally, offend minority
groups in the community.
Moreover, Judges should also avoid using
racially derogatory language to refer to
someone that is not in the courtroom.
 A judge must not make improper and insulting remarks
about litigants, advocates, parties and witnesses.
Judges should not advise an accused of the best
course of action at arraignment
A judge should hold office at the regular place of
business of the court and not at his residence.
"the judge is the visible representation of the law and,
more importantly, of justice. From him, the people
draw their will and awareness to obey the law. They
see in him as intermediary of justice between two
conflicting interest. Thus, for the judge to return that
regard, he must be the first to abide by the law and
weave an example for the others to follow. He should
be studiously careful to avoid even the slightest
infraction of the law.
 Judges shall carry out judicial
duties with appropriate
SECTION 3
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.
Judges Personal conduct
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.
Judges should act with decorum toward jurors,
parties, court staff, and spectators alike.
Judges should act with decorum toward jurors,
parties, court staff, and spectators alike.
Judges conduct towards parties
and witnesses
A judge should not examine or cross
examine a witness if the questioning
reveals information that destroys the
theory of one party.
Judges should not make insensitive
and sarcastic comments in rape cases
or use vulgar language in solemnizing
marriageseven off the record.
Judges conduct towards lawyers,
court staff and judicial colleagues
Unequal and disparate treatment in the
courthouse, whether intentional or
perceived, is unacceptable and can
negatively impact the professional lives of
attorneys and employees, the assessment
of claims of litigants, and the respect and
credibility of the justice system.
Judges must also be concerned with the
publics impression of the judiciary.
 Judges, being dispensers of justice
should not act in a way that would
cast suspicion in order to preserve
faith in the administration of justice.
A humane court is essential for due
process.
 Judges shall not knowingly
permit court staff or others
SECTION 4
subject to his or her influence,
direction or control to
differentiate between persons
concerned, in a matter before
the judge, on any irrelevant
ground.
 DUTIES OF JUDGES
1. To ensure that the Court personnel under their
supervision do not discriminate by dispensing
special favors or disclosing confidential
information to any unauthorized person,
regardless of whether such information came from
authorized or unauthorized sources
2. To organize their Courts to ensure the prompt and
convenient dispatch of business and should not
tolerate misconduct by clerks, sherrifs and other
assistants who are sometimes prone to expect
favors or special treatment due to their
professional relationship with the judge.
Judges shall require lawyers in
SECTION 5
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.
 Rule 3.03, Canon 3 of the 1989 Code
of Judicial Conduct
Judges should conduct proceedings in
court with dignity and in a manner that
reflects the importance and seriousness
of proceedings.
Since judges set the tone and
environment of the court
proceedings, they should censure
lawyers who use sexist language or
inappropriate behavior in court
Rights and Obligations of Witnesses
(Rule 132, section 3 of the Revised Rules of Court)

1. To be protected from irrelevant,

improper or insulting questions and
from a harsh or insulting demeanor.
2. Not to be detained longer than the
interests of justice require.
3. Not to be examined except as to
matters pertinent to the issues
before the court.
4. Not to give an answer which will
tend to subject him to a penalty for
an offense unless otherwise
provided by law.
5. Not to give an answer which will
tend to degrade the witness
reputation, but a witness must
answer the fact of any previous final
conviction for a criminal offense
 CRITICISM FOR THE CANON

1. Our constitution does not announce

that equality is to prevailcompletely
in principle.

2. One should for once consider

whether equality and/or equal rights
 CONCLUSION
Judges are important public officials whose authority
reaches every corner of society. Judges resolve disputes
between people, and interpret and apply the law by which
we live. Through that process, they define our rights and
responsibilities, determine the distribution of vast amounts
of public and private resources, and direct the actions of
officials in other branches of government. In deciding cases
and in their everyday dealings, Judges must put in mind the
6 Canons of the New Code of Judicial Conduct especially to
CANON 5 (Equality) as a new Canon of the said Code which
was based on the international human rights agreement;
and that the laws strong societal commitment places
concern for equality at the core of justice according to law.
 Equality before the law is a basic right in the constitutions of
democratic countries, and its content appears in all conventions
on human rights. It is the legal as well as moral appeal of
everyone who opposes discrimination. Basic rights are the
supreme goods. They formulate the basic consensus of the
citizens on which the community is built.
Judges should be aware of theArticle 7 of theUniversal
Declaration of Human Rights(UDHR) which states that all are
equal before the law and are entitled without any discrimination
to equal protection of the law. Itdeclares that all are equal
before the courts as far as treatment is concerned. This means
that Judges consequently are required to make themselves aware
of the different facets of society. Race, religion, marital status,
sexual orientation and so on shall be taken into consideration.
Consequently, a judge can't say or do anything that shows bias to
any person or group on irrelevant grounds while in the
performance of his official duties. A judge will therefore discharge
his duties while giving appropriate consideration toall people he
encounters when doing his job.
 The judge should always do her or
his best to strike the right balance in
the exercise of equality. The fact that,
when reconsidered later with the
benefit of hindsight and the
opportunity for further reflection, the
situation might have been handled
differently is not, of itself, any
indication that the judge failed to deal
with inappropriate conduct during the
proceeding.
 RECOMMENDATIONS
1. Equality should be applied in general or
as a whole, not only to those protected
under the Constitution which pertains to
political views.
2. Judges should have a high degree of
professional awareness. They should
ensure that they maintain a high degree
of professional competence through basic
and further training, providing them with
the appropriate qualifications.
3. Judges should not be isolated from the society in
which they live, since the judicial system can
only function properly if judges are in touch with
reality. Moreover, as citizens, judges enjoy the
fundamental rights and freedoms protected
(freedom of opinion, religious freedom, etc).
They should therefore remain generally free to
engage in the extra-professional activities of
their choice.
4. Judges should discharge their duties without any
favouritism, display of prejudice or bias. They
should not reach their decisions by taking into
consideration anything which falls outside the
application of the rules of law.
5. In view of the exercise of equality, right to a fair
trial and legitimate public expectations, judges
should show restraint in the exercise of public
political activity.
6. Judges who are not exercising equality in rendering
decisions, upon clear and convincing proof, should
not only be suspended or dismissed, but should be
disbarred and be taken out in the Roll of Attorneys.
7. There should be additional Canons in the New Code
of Judicial Conduct to further strengthen the role of
Judges worldwide.
8. Judges should treat his personnel in Court as a man
who performs with the highest degree of
responsibility and not to treat him as a puppet for
his advantage.