Impartiality (Rules of Court)
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Transcript of Impartiality (Rules of Court)
8/17/2019 Impartiality (Rules of Court)
http://slidepdf.com/reader/full/impartiality-rules-of-court 1/33
PART AL TY
Impartiality is essential to the
proper discharge of the
judicial office. It applies notonly to the decision itself but
also to the process by whichthe decision is made.
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WHAT ARE THE TWO CONCEPTS OF IMPARTIALITY?
ANS: The two concepts of impartiality are:
a. Impartial with respect to the DECISIOitself! and
b. Impartial with regards to the "#OCESS
I $##I%I& $T $ DECISIO
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SECTION 1
'udges shall perform
their judicial dutieswithout fa(or) bias or
prejudice.
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*O+ TO "#O%E ,I$S- "$#TI$IT/-
0clear and con(incing e(idence
0a judge1s conduct must be clearly
indicati(e of arbitrariness and
prejudice before it can be stigmati2edas bias and partial.
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$ judge has both the duty of
rendering a just decision and the duty
of doing it in a manner completelyfree from suspicion as to his fairness
and as to his integrity. It is the duty of
all judges not only to be impartial but
also to 3$""E$# I4"$#TI$5.
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SECTION 2
'udges shall ensure that his or
her conduct) both in and out of
court) maintains and enhancesthe confidence of the public) the
legal profession and litigants in
the impartiality of the judge andof the judiciary.
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SECTION 3
'udges shall) so far as is
reasonable) so conduct
themsel(es as to minimi2e theoccasions on which it will be
necessary for them to bedis6ualified from hearing or
deciding cases.
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WHEN SHOULD A JUDGE
INHIBIT HIMSELF FROM A CASE?
ANS: $ judge may not be legally prohibited
from sitting in litigation. ,ut when
suggestion is made of record that he mightbe induced to act in fa(or of one party or
with bias or prejudice against a litigant
arising out of circumstance reasonably
capable of inciting such a state of mind) heshould conduct a careful self0e7amination.
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CASE: (PIMENTEL V. SALONGA GR
NO. 2!"3# SEPTEMBER1$ 1"%!&
*e should e7ercise his discretion in a
way that people1s faith in the courts of
justice is not impaired. $ salutary norm isthat he reflects on the probability that a
losing party might nurture at the bac8 of
his mind the thought that the judge had
unmeritoriously tilted the scales of
justice against him.
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SECTION #
SEC. 9. 'udges shall not 8nowingly)while a proceeding is before or
could come before them) ma8e any
comment that might reasonably bee7pected to affect the outcome of
such proceeding or impair the
manifest fairness of the process.or shall judges ma8e any comment
in public or otherwise that might
affect the fair trial of any person or
issue.
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SECTION '
'udges shall dis6ualify themsel(es
from participating in any proceedings in
which they are unable to decide the
matter impartially or in which it mayappear to a reasonable obser(er that
they are unable to decide the matter
impartially. Such proceedings include)but are not limited to) instances where
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;a< The judge has actual bias
or prejudice concerning a
party or personal 8nowledgeof disputed e(identiary facts
concerning the proceedings!
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;b< The judge pre(iously
ser(ed as a lawyer or was amaterial witness in the matter in
contro(ersy!
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;c< The judge) or a member of his
or her family) has an economic
interest in the outcome of thematter in contro(ersy!
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OCT=,#E %S. %E$SCO$ municipal judge who filed complaints in his own
court for robbery and malicious mischief against aparty for the purpose o f protecting the property
interests of the judge1s co0heirs) and then issued
warrants of arrest against the party) was found guilty
of serious misconduct and ordered dismissed fromthe bench before he was able to rescue himself. The
SC held that 3his subse6uent inhibition from the cases
which he filed in his own court does not detract from
his culpability for he should ha(e not ta8en
cogni2ance of the cases in the first place0the e(il thatthe rule on dis6ualification see8s to pre(ent is the
denial o a party of his right to due process.5
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;d< The judge ser(ed as e7ecutor)administrator) guardian) trustee or
lawyer in the case or matter in
contro(ersy) or a former associateof the judge ser(ed as counsel
during their association) or the
judge or lawyer was a materialwitness therein!
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;e< The judge1s ruling in a lower
court is the subject of re(iew!
;f< The judge is related byconsanguinity or affinity to a party
litigant within the si7th ci(il degree or
to counsel within the fourth ci(ildegree! or
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;g< The judge 8nows that his or her
spouse or child has a financial
interest) as heir) legatee) creditor)
fiduciary) or otherwise) in the
subject matter in contro(ersy or in a
party to the proceeding) or any otherinterest that could be substantially
affected by the outcome of the
proceedings!
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WHEN SHOULD THE JUDGE INHIBIT FROM THE CASE?
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ANS: $ judge should inhibit from a case:
a. +here the judge can be associated with eitherof the parties or their counsel!
b. +here the judge has prior personal 8nowledge
about the facts of the case!
c. +here the judge is biased or partial! and
d. +here the judge is related to the party0litigant
or the counsel
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SHOULD A JUDGE INHIBIT BECAUSE OF CLOSE PERSONAL
FRIENDSHIP WITH ONE OF THE PARTIES?
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ANS: o. Close personal
friendship is not a ground for
inhibition. $s long as thatfriendly relations with a party0
litigant does not influence hisofficial conduct as a judge.
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Santos (. 'udge
acurom) $.4. o.#T'0>90?@AB) $ugust
A@) A>>.
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There must be con(incing proof that
the judge ga(e undue pri(ileges inhis court to his close friend) or that
his close friend benefited from his
personal relations with respondent judge) or that respondent judge
used his influence) if any) to fa(or
his close friend.
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SEC. . $ judge dis6ualified as stated
abo(e may) instead of withdrawing from
the proceeding) disclose on the recordsthe basis of dis6ualification. If) based on
such disclosure) the parties and lawyers)
independently of the judge1s participation)all agree in writing that the reason for the
inhibition is immaterial or unsubstantial)
the judge may then participate in theproceeding. The agreement) signed by all
parties and lawyers) shall be incorporated
in the record of the proceedings. ;#ule
B.?B Canon B ?@
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3#E4ITT$ ODISF$=IIC$TIO5
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GROUND FOR
DISQUALIFICATION: YES OR NO
The 'udge is a ne7t0door
neighbor of thecomplainant.
O
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GROUND FOR
DISQUALIFICATION: YES OR NO
4ere di(ergence of opinion
between a judge and a party1s
counsel as to applicable law and jurisprudence.
O
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GROUND FOR
DISQUALIFICATION: YES OR NO
#easons of strained
relationship) animosity and
hostility between a judge and aparty.
O
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WHAT IS THE DIFFERENCE BETWEEN DISQUALIFICATION AND
INHIBITION?
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ANS: As to the grounds:
The #ules enumerated the specific and
e7clusi(e grounds under which any judge or judicial officer is dis6ualified
from acting as such while it does not
e7pressly enumerate the specific
grounds for inhibition but merely gi(es abroader basis thereof.
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As to the application of judicial discretion:
In dis6ualification) the judicial
officer has no discretion to try orsit in a case while in inhibition) the
judge may e7ercise his sound
discretion whether to try the caseor not.
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T*$G /O=H
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