Canon 3 Comments on Te New Cope ee 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. Source: It is partly based on Rule 2.01" and Canon 3” of the Old Code. COMMENTS: Judges."* “You shall appoint judges and officials throughout your tribes to administer true justice for the people in all the communities which’ the Lord, your God, is giving you. You shall not distort justice: you must be impartial. 19 You shall not take a bribe: tor a bribe blinds the eyes even of the wise and twists the words even of the just. 20 Justice and justice alone shall be your aim, that you may have life and may possess the land which the Lord, your God, is giving you" (Deuteronomy 16:18-20, The New Ameri- can Bible). “It ts not good to be partial to the guilty, and so to reject a rightful claim” (Proverbs 18:5, The New American Bible). Impartiality; Concept.—Impartiality is a state of mind of the judge where there is no consciousness or Sense of favor for, bias or prejudice against any party in a case, “Rule 2.01—A judge should so behave at all times as to Promote public confidence in the integrity and impartiality of the Judietary (CC) Canon 3, A judge should perform official duties hon- Sstly, and with impartiality and diligence (CJC) a |Jupreia Erntcs: 09 82 ality sutrality. It is a me Impartiality is @ firm neutrall tal eg tion of disinterestedness in the midst of a duty to q nd. tomes without fear or favor. When & judge 1s impartiay Gecides without regard to the personalities involved; he wand fairly; he resolves the case, treats parties equally Lnsed on the weight of the evidence presented and adm. pat and applies the law applicable to the facts established, ted ot by the influence or lack of influence of the parties involved. Solemn End Of Judge's Office.—The office of a mn end—to promote the ends of judge exists for one solet dily and impartially (Gil vs, justice by administering it spee Lopez, Jr., 401 SCRA 635). ‘A Judge Should Not Only Be Impartial But Must Also Appear Impartial.— ‘Tan, Jr. vs. Gallardo 73 SCRA 315” Held; It is undisputed that the sole purpose of courts of justice is to enforce the laws uniformly and impartially without regard to persons or thelr circunl, stances or the opinions of men. A judge, according t0 Justice Castro, now Chief Justice of this Court, Should strive to be at all times “wholly free, disinter- ested, impartial and independent. Elementary due process requires @ hearing before an impartial and disinterested tribunal. A judge has both the duty of rendering a just decision and the duty of doing it ina manner completely free from suspicion as to Its fair ness and as to his integrity.” Thus, it has always been stressed that judges should not only be jmpartial but should also appear tmpartial. For “impartiality $s "4 a technical conception. It is a state of mind,” an® consequently, the "appearance of impartiality 1§ 2? essential manifestation of its reality.” It must be obve * See also: Fernandez vs. Pre Ble ears sbiterio, 79 SCRA Fry 168 Zea 58 a 776; Bentulan va, Dumatol, 233 SC v8 . Mejia, MJT-94- pa Sovtlance, 260 SCRA roscoe oes oak =ae Comments on The New Cone ous, therefore, that while jud; iges should possess pro- ficiency in law in order that they can competently construe and enforce the law, it is more important that they should act and behave in such a manner that the parties before them shot ld in their impartiality. er tate sapiens Sison vs. Cacibes, Jr. 429 SCRA 259 Held: The act of a judge in citing a person in contempt of court in a manner which smacks of re- taliation, as in the case at bar, is appalling and viola- tive of Rule 2.01 of the Code of Judicial Conduct which mandates that “a judge should so behave at all times to promote public confidence in the integrity and impartiality of the judiciary". The very delicate function of administering justice demands that a Judge should conduct himself at all times in a man- ner which would reasonably merit the respect and confidence of the people, for he is the visible repre- sentation of the law. The irresponsible or improper conduct of judges erodes public confidence in the ju- diciary as such, a judge must avoid all impropriety and the appearance thereof. People vs. Bedia 46 0.G. 358 (cited in 60 SCRA 352) Held: The trial judge's conduct, on the whole lays grounds to the suspicion that he was prejudiced against the cause of the defense as emphasized by the fact that without waiting for any testimony or evi- dence that the parties may present, the trial judge had volunteered, in certain portions of the record, is. personal knowledge as to the height and stature of the deceased, The Court feels it unavoidably its duty to express its disapproval of the acts of setiiarinng committed by the trial judge, with the hope thet be will not repeat them, nor will any other Ju follow his example. 83upicat Ernics Covoy 5 84 matitled To Full Neutratity, 4 to no less than the cold neta ez vs. Santos, 112 Phil. 1g, 962 SCRA 452). Hearing tepartiality (see Garcia vs. Execute useless if tere 18 90) Hpecision-making becomes despot secretary, 6 St when the law is nO longer followed. Felongeo vs. Dictado 223 SCRA 696 Litigant tle« However, while it may be accepted that rent did pen the decision within the 90-day rege Ft at a Hnely release the same. It is not enough that a judge writes his decision; it is important to promulgate and make it known to all concerned at the earliest possible time (Nidua v, Lazaro, 174 SCRA 581 [1989]; Mangu- labnan v. Tecson, 101 SCRA 810 [1980)) if only to dispel any suspicion that something sinister is going on, One of the laments of litigants is the withholding by judges of their decisions which they had long pre- pared and signed. Held: __ Section 1, Judges shall perform their judicial éx- ties without favor, bias or prejudice. Source: This is based on jurisprudence. COMMENTS: his du cavers Bias Or Prejudice —in the performance of fs duties. the judge must do so without being swayed 8 one. Just ee smell of bias or prejudice towards any” justice who is bias, Whe symbolizes the statuette of persons Of the wnlolded, the judge does not look at the on the seale erates but only on the weight of evident cold neutrality of gn tPPlicable law; he must evince the Y of a disinterested magistrate with @ duty © apply the law anyone. without fear or favor, malice or prejudice”3 ENTS ON a COMMENTS oN THE New Cone People vs. Tabarno 242 SCRA 456 Held: As correctly General in his brief for showing that the judge hi observed by the Solicitor the People, “there was no iad an inte otherwise, in the prosecut aon tion of the case at bar. He is therefore presumed to have acted regularly and in the manner to preserve the ideal of the ‘the cold neutral- ity of an impartial judge’ implicit i tc viene plicit in the guarantee of ‘That the trial judge believed the prosecution's evidence more than the defense, does not indicate that he was biased. He simply found the prosecution witnesses to be more credible than the accused. Sison vs. Caoibes, Jr. 429 SCRA 258, Held: Thus, the power to declare a person in contempt of court and in dealing with him accord- ingly is an inherent power lodged in courts of justice, to be used as a means to protect and preserve the dignity of the court, the solemnity of the proceedings therein, and the administration of justice from cal- lous misbehavior, offensive personalities, and contu- macious refusal to comply with court orders. Indeed, the power of contempt is power assumed by a court or judge to coerce cooperation and punish disobedi- ence, disrespect or interference with the court's or- derly process by exacting summary punishment. The contempt power was given to the courts in trust for the public, by tradition and necessity, in as much as respect for the courts, which are ordained to adminis- ter the laws which are necessary to the good order of. society, is as necessary as respect for the laws them- selves. And, as in all other powers of the court, the contempt power, however plenary it may seem. bea be exercised judiciously and sparingly. A judge sho never allow himself to be moved by Pe ack Passion, or pettiness in the performance of! . 8586 siupicee the noble office of a judge is to rem only impartially but expeditiously as well, fo! JupiciaL Ernics Notatu Dignum.— Datuin, Jr. vs. Soriano 391 SCRA 2 Held: Notatu dignum is the presumption of regularity in the performance of a judge's functions, hence, bias, prejudice and even undue interest can- hot be presumed, especially weighed against a judge's Sacred obligation under oath of office to administer Justice without respect 0 any person and do equal right to the poor and the rich. It is settled that in administrative proceedings the complainant has the burden of proving, in general by substantial evidence, the allegations in the com- plaint. This complaint failed to so discharge. ‘Mamerto Maniquiz Foundation, Inc. vs. Pizarro 448 SCRA 140 Held: Notatu dignum is the presumption of regularity in the performance of a judge's functions, hence, bias, prejudice and even undue interest can- not be presumed, especially weighed against a judge's sacred obligation under oath of office to administer justice without respect to any person and do equal right to the poor and the rich. Mere suspicion that a judge is partial is not enough—there should be clear and convincing evi dence to prove the charge of bias and partiality. If a party is prejudiced by the orders of a Judge. his remedy lies with the proper court for the proper Judicial action and not with the Office of the Court Administrator by means of an administrative com” plaint—divergence of opinion between a trial judge fe @ party's counsel is not proof of bias and partial: Impartiality Is Not Enough In Dispensation o der justi r delay aCanon 8 Comments ox Tie New Cove 87 the disposition of cases erodes the faith and confidence of our people in the judiciary, lowers its standards and brings it into disrepute (Report on the Judicial Audit Conducted in the RTC, Branch 18, Tagaytay City, 477 SCRA 403). Section 2. Judges shall ensure that his or her conduct, both in and out of court, maintains and en- hances the confidence of the public, the legal profes- sion and litigants in the impartiality of the judge and of the Judiciary. Source: This is partly based on Canon 3” of the Old Code. COMMENTS: Confidence Of The Community, Lawyers And Lii gants In The Impartiality Of The Judge, Must Be Maintained And Strengthened.—To maintain and en- hance the impartiality of the judge which gives him the credibility and moral ascendancy to dispense justice fairly to the people, he must always act both in his public and private life with dignity, honesty, competence and inde- pendence. He must relentlessly maintain his good moral charac- the requirement for all the members of the is character dissipates, the judicial institute ter just like Bar. When hi: is adversely affected. A spotless dispens: that the decision rendere' judge rendering it must at all time ance of fairness and impartiality Parcia, 456 SCRA 107). The judge must avoid even the slightest the law. ation of justice requires not only .d be intrinsically fair but that the es maintain the appear- (Ribaya vs. Binamira- t infraction of ” Canon 3, A Judge should perform official duties hon- estly, and with impartiality and diligence (CJC).Jupicwt Emncs 88 Caton 9 Cabrera vs. Pajares 142 SCRA 127" Justice Mendoza’s above statement ant f the evidence and a review Sr the records fully support the finding that “respon. Gent Judge accepted the money and that he knew it ‘vas being given to him by reasom of his office.” The was thas time and again stressed that members of the judiciary should display not only the highest in- tegrity but also must at all times conduct themselves eer manner as to be beyond reproach and suspl- ion (Quiz vs. Castano, 107 SCRA 196; Montemayor corcolado, 107 SCRA 268). The Court had likewise Inutan (64 SCRA 540), that “the judge ts the visible representation of the law and, nore importantly, of justice. From him, the people haw their will and awareness to obey the law. They diary of justice between two ‘Thus, for the Judge to return ¢ 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.” Respondent was ordered dis: missed from the service. Held: Investigating .d analysis 0} conflicting interests. 2x that regard, he must be the ‘A Judge Pays A High Price For The Honor Bes towed Upon Him.—One who occupies an exalted position in the administration of justice must pay a high price fut the honor bestowed upon him, for his private as well as his official conduct must at all times be free from i appearance of impropriety (Luque vs. Kayanan, 29 SCRA 165; Conde vs. Superable, 29 SCRA 727; Otero VS: Es guerra, 57 SCRA 57; Jakosalem vs. Judge Cordove?: SCRA 11; Jugueta vs. Boncaros, 60 SCRA 27). Moral Integrity; An Indispensable Virtue FOr all judician Justices And Judges.—People who run the “ See also: Fonacier-Aban¢ ; 0 vs. Ancheta, Dae Paz vs. Inutan, 64 SCRA 540; Uy vs. Capulong: 38° 107 scRA 5 921 scr >cuons Comments on Tie New Cone, 89 scularly, justices and judges, must not only be profi- cient in both the substantive and procedural aspects of the law, but more importantly, they must possess the est integrity, probity and unquestionable moral up- rightness, both in their public and private lives (Talens~ Dabon vs. Arceo, 259 SCRA 354)."" ‘A judge should not only possess proficiency in law, but should likewise possess moral integrity for the people jook up to him as a virtuous and upright man (ibid.). A Judge Must Be Like Caesar's wife.—Because ap- pearance is as important as reality in the performance of judicial functions, like Caesar's wife, a judge must not only be pure but beyond suspicion (Palang vs. Zosa, 58 SCRA 776). A judge had the duty not only to render a just and impartial decision, but also render it in such a man- ner as to be free from any suspicion as to its fairness and impartiality, and also as to the judge's integrity (Martinez ys, Gironella, 65 SCRA 245) Stability Of Courts Rests Upon The Approval Of The People.—As such, it is peculiarly essential that the system for establishing and dispensing justice be devel oped to a high point of efficiency and so maintained that the public shall have absolute confidence in the integrity and impartiality of its administration. The future of the Republic to a great extent depends upon our maintenance of justice pure and unsullied (See: Preamble, Canons of Professional Ethics). There Will Be No Peace In The Community With- out An Impartial Judiciary.—The chief function of a Judge is the administration of justice whether he is a trial or appellate judge, his chief duty is to see that justice is done in the cases that come before him. There can be no such thing as a peaceful society in the absence of an impartial judiciary to settle controversies on the basis of .es, 243 SCRA 32; Legaspi vs. * See also: Atienza vs. Brillant 249 SCRA frsisy 242 SCRA 679; Abadilla vs. Tabiliran, Jr.JupiciaL Erxics 90 aad and right and to direct the power of th, e nnt of law (Judicial Conduct in Court on lb Parker, mamen what is just forcemer Hi eAluage donee R. Coquia, 60 SCRA 343 citing J, “the Judicial Office in the U.S.", Case and Co April, 1950) Behavior Should Inspire Confidence In Judge's Impartiality.—It must be obvious, therejo, that while judges should possess proficiency in lay order that they can competently construe and enforce the law, it is more important that they should act and behave in such a manner that the parties before them shoul have confidence in their impartiality (Tan vs. Gallarto, 73 SCRA 308; see also Sardinia-Linco vs. Pineda, 104 SCR, 757). ‘Thus, in Cabreana vs. Avelino, 107 SCRA 640, it was held: “(The respondent judge's hitching a ride in the car of a party-litigant in going to and from the place of the ocular inspection, deserves the stern reprobation of this Court Respondent judge ought to know that by riding in the car of defendant therein, he openly exposed himself and the office he holds to suspicion, thus, impairing the trust and faith of the people in the administration of justice. Time and again, WE have stated that a judge's official conduct should be free from the appearance of impropriety, and his Personal conduct and behavior should be beyond re Proach. He should be temperate, patient, and impartial having always in mind that every litigant is entitled ® nothing short of the cold neutrality of an independent wholly:free, disinterested and impartial tribunal” (30 Al Jur. 96; Luque vs. Kayanan, 29 SCRA 168). Actinudicial Partiatity 1s A Ground For Discipline use acon Capuno vs. Jaramillo, 234 SCRA 212 involing owed by a party. Judge was dismissed ———— Jdoe Comments on The New Cope Prudential Bank vs. Castro 142 SCRA 223, Held: The issuance of the summ: ary Judgment was bad enough. The grant therein of damages in the amount of more than P33 million, plus 20% attor- ney’s fees, when the property involved in the litigation was alleged in the amended complaint (Annex *F") as P20 million (sold to FALCONI for P6 million) immedi- ately ralses the thought that Respondent Judge had really taken a stand of partiality in favor of MACRO and its lawyers. Xxx Ordinarily, a trial judge may be excused from immediately noting a mistake made by the clerk of court in assessing filing fees. However, considering respondent judge’s realization of the mistake, on Au- gust 6, 1984, the date he issued his Order for pre- liminary attachment, and his actuations thereafter in the RTC CASE, his failure to require payment of the correct amount of filing fees indicated his partiality towards, not to say confabulation with, MACRO and/or its lawyers. Judge dismissed. Rallos vs. Gako, Jr. 328 SCRA 325 Held: These three points, taken together, paint a picture of bias or partiality that calls for discipli- nary sanction. Worse, respondent manifested dishon- esty when he altered his Order and made it appear that the complainants were present during a hearing that they had not in fact attended. Respondent judge Violated Canon 1 and Rule 1.02, as well as Canon 2 and Rule 2.01 of the Code of Judicial Conduct. Thus, he must be sanctioned. In this connection, we have said: “Well-known is the Judicial norm that Judges should not only be impartial but should also aprtar impartial.” Jurisprudence repeatedly teaches eps gants are entitled to nothing less than the col 91WAL Ernics 92 Jupict Can trality of an impartial judge. The other elements of due process, like notice and hearing, would become meaningless if the ultimate decision is rendered by 4 partial or biased judge. Judges must not only render just, correct and impartial decisions. but must do sq in a manner free of any suspicion as to their fairness, impartiality and integrity. Judge was found guilty of partiality aggravated by dishonesty A Judge Should Inhibit Himself In A Case When, ever Necessary To Maintain The People's Faith On kis Impartiality.— Pimentel vs. Salanga 21 SCRA 160 Held: Where a judge is not legally disqualified from sitting in a litigation, but suggestion is made of record that he might be induced to act in favor of one party or with bias or prejudice against a litigant aris- ing out of circumstances reasonably capable of incit- ing such a state of mind, he should conduct a careful self-examination. He should exercise his discretion in way that the people's faith in the courts of justice is not Impaired. On the result of his decision to sit or not to sit may depend to a great extent the all- Important confidence in the impartiality of the judici- ary. The suspicion of appearance of bias or prejudice the part of the judge can be as damaging as actual bias Prejudice, to the public confidence and administration Justice (Montemayor vs. Bermejo, Jr., 425 SCRA 403) 7 Undue interference of a judge in the presentation ? evidence may be perceived as sarong a pert. ir the inte ference is almed at building the case of such party od may be perceived as bias or prejudice against a party # aim is to weaken the case of such party. Judge should * 4CANON 3 Comments on Tie New Cove questions only to facilitate the trial or which are not clear before the court,” to clarify matters see: ‘Ty vs. Banco Filipino Savings and Mort B 422 SCRA 649 cara Held: ‘There ts undue interference if the judge, as in the instant case, orders the presentation o¢ sees cifle documentary evidence without a corresponding motion from any party, or directs a party when and who to present as a witness and what matters such witness will testify on. To our mind, respondent judge transgressed the boundaries of impartiality when he suggested to Banco Filipino what evidence to present to prove its case. While the trial court may interfere in the manner of presenting evidence in order to pro- mote the orderly conduct of the trial, the final deter- mination of what evidence to adduce is the sole pre- rogative of the contending parties. Courts, while not unmindful of their primary duty to administer justice, without fear or favor, and to dispose of cases speedily and in as inexpensive a manner as is possible for the court and the parties, should refrain from showing any semblance of bias or more or less partial attitucle in order not to create any false impression in the minds of the litigants. For obvious reasons, it is the bounden duty of all to strive for the preservation of the people’s faith in our courts. Umali-Paco vs. Quilala 413 SORA 364 Held: It is within the sound discretion of the trial judge to asic questions from witnesses, if only to clarify what may appear to him to be vague points in the narration. Questions designed to avold obscurity in the testimony or to elicit additional relevant evl- dence are not improper. The judge may aplly need fo intervene in the presentation of evidence in order © For more cases involving undue inte (1) Section 2, Canon 1 (New Code) an 3 (Old Code). 93 ferences of judges, Rule 3.06, Canon94 pushing for settlement o CIAL ETHICS Juol Cus solution of a case and prevent unneces one of ime, Judges. however, should be ex. sary wostreful so as not to be misunderstood, and tremely refrain from making comments, remarks or they Mons that could ead to even the slightest sus picion that he is thereby ‘unduly assisting a party or counsel. People vs. Tabarno 242 SCRA 456 allegation that the trial judge iced against him is not well rerogative and duty to ask ferret the truth when he be- Held: Appellant's was biased and prejudi taken. It is a judge's pl clarificatory questions to lieves the witness is lying. It is also improper for a judge to be very insistent on r compromise when a party ob- jects thereto. Suspicion of favoritism may arise from such ‘conduct (Montemayor vs. Bermejo, Jr., 425 SCRA 403). In the City of Cebu vs. Gako, Jr. (554 SCRA 25}, the Supreme Court has shown liberality in the interference of the judge in the trial of the case— “The Court upholds the findings and conclu- sions of the Investigating Justice, but modifies the recommended penalty. On the charge that the respondent judge unduly arrogated unto himself the duty of a counsel, in CWwil Case No. CEB-26607, by calling a witness to the stand and conducting the latter's direct testimony gwen If the respective counsels were not interested oF coy not intend to present said person as their wit ness, the Court finds nothing irregular in the same. Rivenies| ins the hearinga,of the saldiease-is that the (lt fe judge intended to obtain enlightenment fram the said witness, the project director of one 0 fog Signatories to the contract being litigated. Im not a Jeng aaees, this Court has declared that the trial ie, if he 4s not satisfied after hearing all the &*Cwv0n 8 Comments on Tie New Cope 95 dence adduced by the parties, may, in the exercise of sound discretion, on his own motion and in further- ance of justice, call additional witnesses or recall some or the same witnesses for the purpose of ques- tioning them himself to enlighten him on particular facts or issues involved in the case." 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 disquali- fied from hearing or deciding cases. Source: This is based on Canon 5" and Rule 5.02". COMMENTS: Judge Should Avoid Activities Or Occasions Which Will Increase Possibility Of Being Disqualified From Hearing Or Deciding Cases.—When a judge involves himself in various extra-curricular activities like the ordi- nary affairs in civic, religious, cultural, sports, business and similar associations, he exposes himself to multifari- ous personal attachments in or outside the community. When cases arise involving colleagues and friends in these associations, his impartiality to decide the cases become vulnerable to assailment. The opposite parties, if they are not comfortable with the situation, will impetuously seek “ People vs. Velasco, 367 Phil. 191, 208: 307 SCRA 684, 700 (1999); Arce vs. Arce, 106 Phil. 630, 634-635 (1959); U.S. vs. Base, 9 Phil. 48, 51 (1907); and U.S. vs. Cinco, 8 Phil. 388, 890 (1907) “Canon 5. A judge should regulate extra-judicial activi- ties to minimize the risk of conflict with judicial duties (CJC). “ Rule 5.02.—A judge shall refrain from financial and business dealings that tend to reflect adversely on the courts Impartiality, interfere with the proper performance of Judie activities or increase involvement with lawyers or persons likely to come before the court. A judge should so manage ia and other financial interests as to minimize the number of cases aiving grounds for disqualification (CJC).of ‘sfurpesoond mesons SKN UL Sioa. ct vans 29 weap “54 om —fimopang seoujag ‘e509 s,2uoujp{duieg 94, fo ssouxvams P2021 241 UO IEW BuPrN ‘won ‘1 s8pnf ou, ‘sonsnt yo wonensrunupe oun Ay Aforow ay “uonignTUT jo yore we oO josuH affeury poof e aya ® uo suojuydo Sut G. “eypau 24) ut pazsreuorestas “Aromtand opin jo ap9fans atn usaq Suyaey “MoD UH PIT cae 2009 aN aH, Ko SuxaAINOT exon ¥ Ypoploay a 3sNHC $9509 JO TL sIDs 1—f}¥ MOE wena S26pnP fig TuowerDIS 40 IuouUED ame Po au fo .L0' BUD ,£0'% am Wo posoa 5) sul aiNos onsey x0 wosred uv Jo TH 9) 24) ‘aye aufirur your asparomo x0 oyfqnd uy yusurWoD £u0 soBpnf tres x0N¢ “ssa00xd aup Jo ssouqey yoru payadxs oq Aqquuoseos 3uBru 1 “WaT Bx0J0q BUI09 PIED 10 Fone “Busou .0u Heys saBpN “y TORTS M_Bous “uossensio 30 spun 2089 PP pazopuas seu aA a eae uy syequiesp pure syusUILTAP Hs suodney Sunoead yp woReaa yore 201 ay re agoouss aa 5 9 vores ST 6nen Ems dif ene pen oe of et te af a ee Soe drt ene ca eee ce ah ace cng SS Seeing tm nn rr a ac See teormns are ae serene ttece a a ee hs emerge ca ae Ga a pero cot rns ot i te a Par at Seer cee a ae ee re ders ate a a eens cx iratees oe ieenaoetas Issuer Shaul the judge be squalid? ett Tis snot to dscount ins entzety the soto of ogee Joe who argued on his ‘bh tha Beal deen woul be depend ‘nen the eece tat coal be presented by pet ‘Sa Wht cama be dented. Rweer ts ha fer Sich confess thy ud no longer be expected ‘ac jm sparta Even before they ha en fl esr hey were tld that the cases were ‘wea. Thy eu er wl eon then that there tees prudent Under the reumstances, the {et that he ected as he id Because an money Silent woul bet peitones, considering Ue Statened andl eromstanees was of 80 0 nent Even it be admited that, according 0 hs rat gts sponse Judge aeted from a sense of spre rh sec cannot be sa Seonsmant withthe exacting standard of he ea tai ofan paral je The admatstration «al jusce weld thas be subj to a reprane I ete a eject of the pe or iquaietion, con Cons ox The ew Cone be Martines ve lorena ‘Sch 250 lute as he ty oly wo der a ust and partial Seo, bat ao ec ee ‘Noanner at be reson ay nope ire tel pert and de wf ag incr. While we gant Repos cpa ‘oder ad impart Geto ns see 2 the decison ang Amol yng thc the “re tas cnet by tare See ‘toe tan eon ‘pon at deg pets epee ‘Sib based ect pr. We tec el tet der thee eteursanes pte as eo rch cae did ty ance cae Judges Must Avoid Publicity For Personal Vanity or Self-Glor{ication.—if lawyers are probed rom ‘making publle statements in the mesa roarding a pend, Ing ease to arouse public opinion for of against 4 party, (ule 18.02, CPR? and from using or permitting the se of ny undignited or slfnudatry statement regarding ete {ualiflations or legal services le 8.03, CPO, wilh more feasons should judges be prabbited from seeking publ far vanity or sell-gorifenton. Judges are not actors oF scresses or polilans, who thrive by pubety. They are also prehbited from making public comments om any Pending or impending ease (ale 3.07, CJC}. Such state. ments wil violate the principe of sub-judie. Further sf such comments are allowed, the judge may unwitingly ocalle a prejudgment of the case waleh may lay a strong ‘sis for his disqualitation. Above all, dhe pubety wil ‘undermine the dignity and imparalty ofthe Judge. ‘A Judge must not be moved by a deste fo cater to Dublle opinion to the detstment of the administration of Sstice (Go vs. Court af Appeals, 206 SCRA 65). Section 5. Judges shall dlsquslify themselves from participating in any proceedings in which theypose Bs pe oo a 2 se bus ster rye in wa ares ele sae anerer that ag Igy, cer iperay.Sech poet a Os edt stance rs Sap ts cra or prdat a = cally Medte etoeal tnoteege of top Sa SEE Sadanng tae proceeding: he ute peony seve 0 aye rm es AES the mater in controversy tn age or « meme of ao Se aay, as ectbieatereet In the outoome ofthe mate hase fT ee sd exes, dn unl MMP repr ta tie aie © mater hen of ts ge cared SPOUT aS aes amociton, oth age Sr atte ines ee: i Ts lr cog in. ower owe thew ie tree (0) The Judge ie related by consanguinity or afin: say to party ligne within the sith elvll degree or to Luoversy or in party to the proceeding. or any othet Interest that could be substantially affected by the ‘outcome ofthe proceedings Sure’ Miss based on Re 9.12 (CACI” tocng DS on of Ses. The ft pt of eter and eter 6) en fl 232-8 ud soul take no pan a proce [RES ors inary mig reac be queso se noe, amon thers prceengs wheres =A (Conon Tr New Cone 01 ew. le 3.12 (CIC tn tn Bos on Sete 1." Rae 17 ‘toed ues of Court. is coMMENTS: iaqual{feation And Inibition Of Judges: Dis tingtshed Section 8 of Canon 9 New Cail sae en ‘Ale 212 ofthe Code of Jucal Conduce ete 33 0 farm exept lee a iste on Sect 1 ule 157 of the Revised les of Cour. “SECTION 1, Disquntection of Julgen—No ge or jet oie sal st any case fw hho hin fe or ele pecuniary Inerene eke leu creer or arise on whe I elie to elie party whine sath dre ton Snguiy’ or ali o to eounel tn the fourths tn concerning he posed nr en nate o yet in te cane ov mtn enor ‘Scene Jue tye es 8m mss 10) he judge ruling tn lower court the sec fourth degree: in PSastaeemngieaeenet me eters tae erates poainct ames serag se Eeathacatend tee cep i i haat en intemalje Es ne a Caen fe eng ervent ca a oes rece fen eat ne a Soceveemcentiee pr as eae weet et a Sa gore pyoe may. te cers fs 204 see son A tr fom sting 8 one fo en ther an ase Meine et pnp of Seton 1, Re 157 RR) tne fle on dloqalifeton. Tt enumerates the wounds tae 2 ach an Judge or jut ofcer Is disguiied PEM Eine as ouch and te explict enumeradon of he (oka grounds teen does not exclude other. The ‘Fett thr the legal pounds under le’ 3.12 (age Sets, Canon extuane prewously pronounced {Yoness CA fo SCRA 100 no longer controling” ‘Under this paragraph, daqualifealon is mandatory, Sometimes 8 fered to 28 compulsory snibisn (Gecan vs. Gochan, 308 SCRA 823." “Te ntednent of Seton 1, Rule 197 is tncntet iy dt s jude iting ita ease, must at all mes be ‘wally fee, dsineresed, Impartal. and independent Enntary due process rules, a fearing before an Inport and dshterested buna A Judge has both te ty of reer just deiion ane he uy of dng ‘nas en die mean bien (See Re 2 lat sete C0 gi agin Bare, 25 Pi, 281: Sm {21 Fol mtg 76 Pan in ng C2 gpa fi a che aC 27 vn. esabe ote ilps ne vs. Unversa Cann coon Consens xT New Cone 109 I cae capainee a sais Steg at Bi Smo pes fran a an rs et ‘he second paragraph of Seton 1 Re 197 the se on ion. ids not apy ae ‘eh ren or nbton but ac pene eponnted pound for equa a agent ‘trun or vali reasons oir than ose Senet tert paragraph fe’ Cel "Coen ah aa 6 te bans ofthe eon garage hea fecal ve. velona © SCRA 130" Une a puraroh, te intone dcetiray Sateen {Rican jut and val etone tags a ues oe Sema on, Sometimes istered op one ice in (Gotham we: Goch, sae We the fat pareraph of Seton, le 17, ee acest apelin the ards fr dquo ana Seca oir oo dncten witver st ns ce Oe ‘Seng re ee he mater on Seu leeien ofthe gen ie. eros ‘thttion contenpae i th secon pagan ae ater of Cnueee he al a el ve gn 21 SCA 10; Mong an el Epa 472 SCRA 496). “i ™ Discretion i the pome xed coven tein tog quests arising tn eal cae to wich leo lis appa at wich fem th tue ante ee ances the ease, re eon Wyte praca! gent {our or the fen of the ort warotae oy fad "ls (ad Ba 11908 Ape 16, BN Crapo ‘ant es Re, 2068, ep 386, a er ‘Neg. 35 sexu sen, enseve, Eres SCRA 2S ss Reet ay dea se Set a = aaa coe eae a Ne Se a ae aor te, the st paragraph was added when the 1949 al at coun as eect on January 1, 1864, Wie Tul capper in Une Net Code of Judlal Conduct, ‘Sa apleable, Tere sno repeal ‘enesis Of Second Paragraph Of Section 1. Rule g7—bebre the second pararaph of Section 1. Rule 137 Sts ee Res, came oben aw and ey jurspr- Seove gave no eam fraud, on objection of & pare ‘Teqlfy rina ise absent any of he spect (Gourds or dquaiiaion set forth nthe Taw Theft ‘tein People ts Moreno (88 Ph. 286, 294 (104 ‘foresae of the old rue To tke OF not to take cog Sime of ae, does not depend upon the dlseetion a Joes ay squid oat in a gven eae. Its is uty otto itn eta and detsion egal daquae et he je nak esque, ts a mateo fe dy fr him to proceed with the tral and dec ‘ease. He cao shirk he responsi without th ‘sk of eng ealed upon to aecount for his derelict" {Se also Jenin Bret, 25 Pil 281, 267; Perle. onieas, 28 Pil. 838, 843. Then cane Del Cail vs viuwlara'® SCRA 146 (1862). from whieh sprang Ue ‘de second paragraph of Seon 1. Re 137, arene ond ty De Casi the tral Judge inhi his Som he ease because dhe lawyer of the party defends ‘as hs is coin Ts ype relationship was noe Ye el disuaision Under the 1940 Rae (126. THe ‘nde fe a defendaneshould wa, hs bod rel eo (Conse 04 TM New Cooe i= hip with defendant’ lawyer might eas some suspicion on iis integrity: but, Af defendant be the defeated mate it in unaware Pt sd pejudges posture. In upholding ae Court dcr es Scene 2 tnd adh san ocr eh of Rie Beton Stare me, Sct at ec er Seca tre eee In other words, whe Rae 126 promt fr quale, does Do ace mr peta ees {Int ereumatances for vlunary nhbion whe de ends spon the secretion ot eles anced vee, cry a 951, ea isto ther waa that’ vost aM ape none ‘pounds maybe recone, een ths Court sn tne ease (Benusav-Toren 88 Pale TN tre that ug Gard had abt on ne the case a br there wou ave been ese by to suspicion. But, an ante tw The ‘geunds forthe ti fo ecmaton do ot ens {ute egal cause or the eoqaieaon oa oa (Pentel Sang 21 SCRA 10,1 165 O64 “Thus, the genesis ofthe pros par 2 See. 1. Rule 13m clearly umines the Intention therein to are to the Del Casal decision on "eases and cumstances” ta ‘ould justify "voluntary iasien”astnet fom the Ie ‘Bounds for lagualieston (Legal Inport ad Seope of the ule on Disqualieation and Inkubien of Judas by Judge Domingo Lacenario, 56 SCRA 583) Rationale Behind The Rale On Disqualieation— ‘Te underving principle of the rule onthe dsgliientionre. Bases E a Coens acts ren te ot te 9 ner icp et ings sucha mane gee nic neon ee Pa a oe en paral te i Si et ce a Sy pg ae 6m es ee Sa S35 0 0 SA 70) on buqutfeton Of Duen Dien matteo Dopo steam o_O Ee Se eT Red Rnd Sa ee a a apc er aol Sa ees Sioa ee we ee Ce el ren ate one tee epee eae Coveds Pr Daguafotion Of Judges ane eee tt hala eeeptaet et soca cr pone eel teeters mea ip gg Selec taeda ones aes oe fat anette ta hc ang eV ExgL Soak Ton eaee tar tna ah oe Diogualification Under Section 1, Rule 197, Re sed Rules Of Court fe Mandatory. ‘Seton 7 of he ucay At of 1948. (Conse on Te New Cone 107 (Gcotina vs. Gonzalez ‘ai'scR ee Held: ‘The ef of the respondent judge to tugs hime and his nacre to hea he ‘imal case nhc it ete eros pote Stained section 1 of Ra 12 ents gre Shun of dsceton amounting oak recess ota. 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