In
the interest of the administration of justice, the following Canons of
Judicial Ethics, proposed by the Philippine Bar Association and
approved
by the judges of First Instance of Manila re hereby adopted for the
guidance
of and observance by the judges under the administrative supervision of
the Department of Justice (now of the Supreme Court), including
municipal
judges and city judges:
1. Relations
of the judiciarychan
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The
assumption of the office of judge casts upon the incumbent duties in
respect
to his personal conduct which concern his relation to the State and its
inhabitants, the litigants before him, the principles of law, the
practitioners
of law in his court, and the witnesses and attendants who aid him in
the
administration of its functions.chanrobles virtual law librarychan
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2. The
public interestchan
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The
courts exist to promote justice; and thus to aid in securing the
contentment
and happiness of the people. Their administration should be speedy and
careful. Every judge should at all times be alert in his rulings and in
the conduct of the business of his court, so far as he can, to make it
useful to litigants and to the community. He should avoid unconsciously
failing into the attitude of mind that the litigants are made for the
courts
instead of the courts for the litigants.chanrobles virtual law librarychan
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3. Avoidance
of appearance of improprietychan
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A
judge's official conduct should be free from the appearance of
impropriety,
and his personal behavior, not only upon the bench and in the
performance
of judicial duties, but also in his every day life, should be beyond
reproach.chanrobles virtual law library
4. Essential
conduct
He
should be temperate, patient, attentive, impartial, and, since he is to
administer the law and apply it to the facts, he should be studious of
the principles of the law, diligent in endeavoring to ascertain the
facts.chanrobles virtual law library
5. Industrychan
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He
should exhibit an industry and application commensurate with the duties
imposed upon him.chanrobles virtual law librarychan
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6. Promptness
He
should be prompt in disposing of all matters submitted to him,
remembering
that justice delayed is often justice denied.chanrobles virtual law library
7. Punctuality
He
should be punctual in the performance of his judicial duties,
recognizing
that the time of litigants, witnesses, and attorneys is of value and
that
if the judge is unpunctual in his habits he sets a bad example to the
bar
and tends to create dissatisfaction with the administration of justice.chanrobles virtual law librarychan
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8. Court
organization
He
should organize his court with a view to prompt and convenient dispatch
of its business and he should not tolerate abuses and neglect by
clerks,
sheriffs, and other assistants who are sometimes prone to presume too
much
upon his good-natured acquiescence by reason of friendly association
with
him.chanrobles virtual law library
9. Consideration
for witnesses and others
He
should be considerate of witnesses and others in attendance upon his
court.chanrobles virtual law librarychan
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10. Courtesy
and civilitychan
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Judges
should be courteous to counsel, especially to those who are young and
inexperienced,
and also to all others concerned in the administration of justice in
their
courts.chanrobles virtual law library
They
should also require, and, as far as their power extends, enforce on the
part of clerks, court officers and counsel civility and courtesy to
witnesses,
litigants and others having business with the court.chanrobles virtual law library
11. Appointments
of the judiciary and their compensation
Trustees,
receivers, masters, referees, guardians, and administrators appointed
by
a judge to aid in the administration of justice under his supervision
should
have the strictest probity and impartiality and should be selected with
a view solely to their character and competency. Patronage of a judge
is
conferred by him for no personal or partisan advantage. A judge should
not permit his appointments to be controlled by others than himself,
and
he should avoid the allowance of excessive compensation to the
appointees.
He should also avoid nepotism in his appointments.chanrobles virtual law library
12. Kinship
or influence of parties and counselchan
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A
judge should not, unless it is unavoidable, sit in litigation where a
near
relative is a party or of counsel; and he should not suffer his conduct
to create the impression that any person can unduly influence him or
enjoy
his favor, or that he is affected by the rank, position, or influence
of
any party.chanrobles virtual law library
13. Independencechan
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A
judge should not be swayed by public claim or considerations of
personal
popularity.chanrobles virtual law library
14. Interference
to conduct of trial
While
a judge may properly intervene in a trial of a case to promote
expedition
and prevent unnecessary waste of time, or to clear up some obscurity,
nevertheless,
he should bear in mind that his undue interference, impatience, or
participation
in the examination of witnesses, or a severe attitude on his part
toward
witnesses, especially those who are excited or terrified by the unusual
circumstances of trial, may tend to prevent the proper presentation of
the cause, or the ascertainment of the truth in respect thereto.chanrobles virtual law library
Conversation
between the judge and counsel in court is often necessary, but the
judge
should be studious to avoid controversies which are apt to obscure the
merits of the dispute between litigants and lead to its unjust
disposition.
In addressing counsel, litigants, or witnesses, he should avoid a
controversial
tone.chanrobles virtual law library
He
should avoid interruptions of counsel in their arguments except to
clarify
his mind as to their positions, and he should not be tempted to an
unnecessary
display of learning or a premature judgment.chanrobles virtual law librarychan
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15. Ex
parte applicationschan
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Judges
should discourage ex parte hearing of applications for injunctions and
receivership where the order may work detriment to absent parties; they
should act upon ex parte applications only where the necessity for
quick
action is clearly shown; if this be demonstrated, then the judge should
endeavor to counter act the effect of the absence of opposing counsel
by
a scrupulous cross-examination and investigation as to the facts and
the
principles of law upon which the application is based, granting relief
only when fully satisfied that the law permits it and the emergency
demands
it. The judge should remember that an injunction is a limitation upon
the
freedom of action of defendants and should not be granted lightly or
inadvisedly.
one applying for such relief must sustain the burden of showing clearly
its necessity and this burden is increased in the absence of the party
whose freedom of action is to be restrained even though only
temporarily.chanrobles virtual law library
16. Continuances
Delay
in the administration of justice is a common cause of complaint;
counsel
are frequently responsible for this delay. Judges, without being
arbitrary
or forcing cases unreasonably or unjustly to trial when unprepared, to
the detriment of parties, may well endeavor to hold counsel to a proper
appreciation of their duties to the public to their own clients, and to
the adverse party and his counsel, so as to enforce due diligence in
the
dispatch of business before the court.chanrobles virtual law librarychan
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17. Judicial
opinions
In
disposing of controverted cases, judges should indicate the reasons for
their action in opinions showing that they have not disregarded or
overlooked
serious arguments of counsel. They should show their full understanding
of the case, avoid the suspicion of arbitrary conclusion, promote
confidence
in their intellectual integrity and contribute useful precedents to the
growth of the law.chanrobles virtual law library
But
the volume of reported decisions is such and is ever so increasing that
in writing opinions which are to be published, judges may well take
this
fact into consideration, and curtail them accordingly, without
substantially
departing from the principles stated above. It is of high importance
that
judges constituting a court of last resort should use effort and
self-restraint
to promote solidarity of conclusion and the consequent influence of
judicial
decision. A judge should not yield to pride of opinion or value more
highly
his individual reputation than that of the court to which he should be
loyal. Therefore, except in case of conscientious difference of opinion
on fundamental principle, dissents should be discouraged.chanrobles virtual law library
18. Influence
of decisions upon the development of the lawchan
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A
Judge should be mindful that his duty is the application of general law
to particular instance, that ours is a government of laws and not of
men,
and that he violates his duty as a minister of justice under such a
system
if he seeks to do what he may personally consider substantial justice
in
a particular case and disregards the general law as he knows it to be
binding
on him. Such action may have detrimental consequences beyond the
immediate
controversy. He should administer his office with a due regard to the
integrity
of the system of the law itself, remembering that he is not a
depository
of arbitrary power, but a judge under the sanction of law.chanrobles virtual law library
19. Idiosyncrasies
and inconsistence
Justice
should not be bounded by the individual idiosyncrasies of those who
administer
it. A judge should adopt the usual and expected method of doing
justice,
and not seek to be extreme or peculiar in his judgment, or spectacular
or sensational in the conduct of his court. Though vested with
discretion
in the imposition of mild or severe sentence, he should not compel
persons
convicted or accused to submit to some humiliating act or discipline of
his own devising, without authority of law, because he thinks it will
have
a beneficial corrective influence.chanrobles virtual law library
Judges
imposing sentence should endeavor to conform to a reasonable standard
of
punishment and should not seek popularity either by exceptional
severity
or undue leniency.chanrobles virtual law library
20. Review
In
order that a litigant may secure the full benefit of the right of
review
accorded to him by law, a trial judge should scrupulously grant to the
defeated party opportunity to present the situation arising upon the
trial
exactly as it arose, was presented, and decided by full and fair bill
of
exceptions or otherwise; and failure in this regard on the part of the
judge is peculiarly worthy of condemnation because the wrong done is
remediable.chanrobles virtual law librarychan
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21. Legislation
Judges
have exceptional opportunity to observe the operation of statutes,
especially
those relating to practice, and to ascertain whether they tend to
impede
the just disposition of controversies; and they may well contribute to
the public interest by advising those having authority to remedy
defects
of procedure of the result of their observation and experience.chanrobles virtual law librarychan
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22. Infractions
of law
The
judge should be studiously careful himself to avoid even the slightest
infraction of the law, lest it be a demoralizing example to others.chanrobles virtual law library
23. Inconsistent
obligationschan
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A
judge should not accept inconsistent duties; nor incur obligations,
pecuniary
or otherwise, which will in any way interfere with his devotion to the
expeditious and proper administration of his official functions.chanrobles virtual law library
24. Business
promotions and solicitations for charity.chanrobles virtual law librarychan
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He
should avoid giving ground for any reasonable suspicion that in
utilizing
the power or prestige of his office to persuade or coerce others to
patronize
or contribute, either to the success of private business ventures, or
to
charitable enterprises. He should, therefore, not enter into such
private
business, or pursue such a course of conduct, as would justify such
suspicion,
nor use the power of his office or the influence of his name to promote
the business interest of others; he should not solicit for charities,
nor
should he enter into any business relation which, in the normal course
of events reasonably to be expected, might bring his personal interests
into conflict with the impartial performance of his official duties.chanrobles virtual law library
25. Personal
investments and relationschan
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A
Judge should abstain from making personal investments in enterprises
which
are apt to be involved in litigation in his court; and, after accession
to the bench, he should not retain such investments previously made,
longer
than a period sufficient to enable him to dispose of them without
serious
loss. It is desirable that he should, so far as reasonably possible,
refrain
from all relations which would normally tend to arouse the suspicion
that
such relations warp or bias his judgment, or prevent his impartial
attitude
of mind in the administration of his judicial duties.chanrobles virtual law library
It
is highly improper for a judge to utilize information coming to him in
a juridical capacity for purposes of speculation and it detracts from
the
public confidence in his integrity and the soundness of judicial
judgment
for him at any time to become a speculative investor upon the hazard of
a margin.chanrobles virtual law library
26. Executorships
and trusteeshipschan
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While
judges are not disqualified from holding executorships or trusteeships,
they should not accept or continue to hold any fiduciary or other
position
if the holding of it would interfere or seem to interfere with the
proper
performance of their judicial duties, or if the business interests of
those
represented require investments in enterprises that are apt to come
before
the court, or to be involved in questions of law to be determined by it.chanrobles virtual law library
27. Partisan
politicschan
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While
entitled to entertain his personal view on political questions, and
while
not required to surrender his rights or opinions as a citizen, it is
inevitable
that suspicion of being warped by political bias will attach to a judge
who becomes the active promoter of the interests of one political party
against another.chanrobles virtual law library
A
Judge should avoid making political speeches, contributions to party
funds,
the public endorsement of candidates for political office, or
participating
in party conventions.chanrobles virtual law library
28. Self-interestchan
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He
should abstain from participating in any judicial act in which his
personal
interests are involved. If he has personal litigation in the court of
which
he is judge, he need not resign his judgeship on that account, but he
should,
of course, refrain from any judicial act in such a controversy.chanrobles virtual law library
29. Gifts
and favorschan
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He
should not accept any presents or favors from litigants or from lawyers
practicing before him.chanrobles virtual law library
30. Social
relationschan
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It
is not necessary to the proper performance of judicial duty that judges
should live in retirement or seclusion; it is desirable that, so far as
the reasonable attention to the completion of their work will permit,
they
continue to mingle in social intercourse, and that they should not
discontinue
their interests in or appearance at meetings of members of the bar. A
judge
should, however, in pending or prospective litigation before him be
scrupulously
careful to avoid such action as may reasonably tend to waken the
suspicion
that his social or business relations or friendships constitute an
element
in determining his judicial course.chanrobles virtual law librarychan
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31. A
summary of judicial obligationschan
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A
judge's conduct should be above reproach and in the discharge of his
judicial
duties he should be conscientious, studious, thorough, courteous,
patient,
punctual, just, impartial, fearless of public clamor, and regardless of
private influence should administer justice according to law and should
deal with the patronage of the position as a public trust; and he
should
not allow outside matters or his private interests to interfere with
the
prompt and proper performance of his office.chanrobles virtual law librarychan
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