PALE - Final Paper

SAN BEDA COLLEGE ALABANG SCHOOL OF LAW

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I. INTRODUCTION

A. On Judgeship

It is a truth universally acknowledged that every lawyer who chooses to practice

their profession must be able to have spent some of their precious time inside the

courts. If not half of their practice is spent inside the courts, then, most of it could have

been dedicated to it. These lawyers however don’t remain in the same development

level as regards to their profession. As lawyers acquire knowledge through practice of

law, they increase their potential to know what specific area to master on. Others use

such “flow of the nature of their job” to eventually guide them as to how will they expand

their careers. Numerous lawyers usually end up creating their own firm. While others,

vie for higher titles in their workplace. To be named “Partner”, after all, is such a

rewarding event in one’s life. It appears like another trophy in one’s career, after the

years of preparation, hurdling of the most difficult exam in the land, and dedicating

years for pure practice of the law.

However, not all lawyers are called to litigate. Not all lawyers are meant to stay in

their firm, whether it’s a grandiose or a mid-sized firm. Most lawyers specialize, yes, at

some extent there’s a truth to that. But others become judges too. For the group, judges

are deemed to be in a different level. They are considered by the society as the

personification of justice itself. They hold the scales as they resolve based on the merits

of the case. They are deemed to be in a blindfold, an indication of impartiality in their

adjudication. The judges, hence, can be related with this famous saying: “Justice is truth


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in action- Benjamin Disraeli”. These kind of highly intellectual individuals are considered

to be deeply in love with the law. It’s a mad relationship since the law demands that

Judges must know almost everything, if not all. The group agrees that there’s that

certain grace and aura that only them can bring into a room full of different people. One

can sense their omnipotence. One can shiver with their gaze.

But first and foremost, who is a judge? Merriam-Webster provides that it

originated from the Latin word “judicare” and from the words jus right, law + “dicere”

which means, to decide (Merriam-Webster Dictionary, 2014). As Oxford Dictionary

defined it, a Judge is a noun referring to a public official appointed to decide cases in a

court of law (Oxford Dictionary, 2014). On the other hand, Agpalo (2009) defined the

word in by merging the principles found in our legal jurisprudence:

“The word ‘Judge’ is employed to designate a public officer selected to

preside and to administer law in court.

He is a judge who is a man of learning who spends tirelessly the weary

hours after midnight acquainting himself with the great body of traditions

and the learning of the law. He bears himself in the community with friends

but without familiars; almost lonely, evoking himself exclusively to the

most exacting mistress that a man ever had, the law as a profession in its

highest reaches where he not only interprets the law but applies it, fearing

neither friend nor foe, daring only one in the world — that in a moment of

abstraction, or due to human weakness, he may in fact commit some error

and fail to do justice. He is the symbol of rectitude and impropriety,

comporting himself in a manner that will receive no doubt whatsoever

about his honesty. He is a public officer who, by virtue of his office, is


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clothed with judicial authority to decide litigated questions according to

law. He is the judge.”

As abovementioned, it is clear at this point that the common notion of the

ordinary people, including the group, is somehow near with the description given by the

lexicon and even by the cases decided by the Supreme Court. There are several good

virtues that must be attached to them. No stain of conduct unbecoming must be linked

to their names. Hence, there’s a bigger demand on their part in every role they play,

since the profession or the vocation they swore to have a keen eye. Every action they

undertake is under scrutiny, making them always on guard to almost everything. With

such, it is the thesis of this paper that although the exclusive set of problems faced by a

Judge in his/her profession, especially with legal ethics, calls for a distinctive set of

solutions, becoming a Judge calls for a flawless reputation and the adherence to the

New Code of Judicial Ethics (CJE) inside and outside the courts of justice. Moreover,

that in order to thrive in their chosen field without being entangled with the issue of

partiality, they adopt certain rules or limitations that they themselves formulate in order

to avoid situations which will negatively influence them.

Given such huge pressure on their part, the group became curious as to what are

the common problems of a Judge, the solutions they adopt and the ways in which they

try to live their lives and fulfill their other roles without appearing to be improper. Hence,

the group aims to write a paper that concentrates on both the silent and ubiquitous facts

relating to the life of a Judge. The group, firmly believing in such cause, would like to

write a paper regarding the facts obtained, which will effectively relay as to the nature of


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Judgeship here in the Philippines. Hopefully, through this small-scoped paper, the

group’s noble aim will broaden to the point of encouraging other more experienced or

knowledgeable writer or experts for additional literature on the subject of Judgeship in

the Philippines.

But before delving deeper into developing a small-scoped index or measure, it is

important to set up the factors and limitations of the study. This paper will focus mainly

on the interviews of the group with Judges of their choice. The group opted to interview

at least two judges in order to learn more and corroborate information gained. In making

such choice, the group thought of factoring in the experience of the Judge, thus the

interviewees were one Retired Judge and one active Judge in the Regional Trial Court

of Makati. The group, aside from learning from the interview, opted also to undergo a

court observation mainly to observe the Judge at work.

Having in mind the possible legal correspondence and formalities to be taken,

the group sent letters addressed to the Honorable Judge of choice, primarily requesting

for their consent for such group activity and also relaying the need for a court

certification after the field observation by members of the group. It is also promised by

the members that there will be minimal interference, so as to provide, a more exacting

and normal course of affairs inside the court. After all, the paper would like to confine

the details as to “what is happening in the normal course of things” inside a Judge’s

workplace and hence, any deviation from that ordinary course of events would not be

reflective of the essential aim of the study. No interference is expected from the group,

as much as possible, so as to avoid certain alterations on the usual conduct of the


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personalities involved in the case/s. After the whole activity, the group will digest the

observations and will put into ink the relevant wisdom gained.

As the paper will go along, the group will also present information based from the

books and such information will be cross-referred to those things learned from the

interview. The group would also like to note that every detail or account in the interview

with the judges would be presented like a story coming from those who experienced

such happening. The group opted for such in order to emphasize, preserve and share

the emotion of such experience. Therefore, a little deviation from the rules on formality

will be expected in this report.


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II. THE OVERVIEW OF THE JUDICIARY AS STATED BY THE LAWS

A. The Judiciary

The Judiciary is considered to be an indispensable department of every

democratic government, because it has the power to determine the proper distribution

of powers between the branches of the government. More so, as aptly stated by Chief

Justice Renato S. Puno, “The Judiciary may not have the power of the sword, may not

have the power of the purse, but it has the power to interpret the Constitution, and the

unerring lessons of history tell us that rightly wielded, that power can make a difference

for good.”

The Constitution of the Philippines proclaimed that judicial power shall be vested

in One Supreme Court and such lower courts as may be established by law. It further

stated that judicial power includes the duty of the courts of justice to settle actual

controversies involving rights which are legally demandable and enforceable, and to

determine whether or not there has been a grave abuse of discretion amounting to lack

or excess of jurisdiction on the part of any branch or instrumentality of the government.

(Sec. 1, par. 2, Art VIII)

A.1 As a System

The Philippine judicial system consists of four main levels of courts and several

special courts, as provided for in the Judiciary Reorganization Act of 1980 or Batas

Pambansa Blg. 129—the local and regional trial courts; a national Court of Appeals; the

Supreme Court; and a local system for arbitrating or mediating certain disputes outside


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the formal court system. A Shari’ah court system, which mainly governs Islamic law, is

also a part of the Philippine judiciary.

The legal system of the Philippines is mainly based on both civil and common

law which was primarily influenced by Spanish and Anglo-American laws.

A.2 As a Branch of the Government

The Judiciary is that branch of the government, which interprets laws and

tempers abuses that may arise from any wrongful interpretation thereof. More so, it has

the power to apply the laws to settle disputes between the State and private persons.

The judiciary also has an adjudicatory power, the power of judicial review and an

incidental power. The adjudicatory power of the judiciary refers to that power to settle

controversies involving rights and the power to determine the legality of one’s actions.

The Judicial review, on the other hand, refers to that power of the judiciary to interpret

the laws and make binding judgments; and to decide on the constitutionality of the laws.

Lastly, the incidental power of the judiciary refers to that which is essential for the

discharge of their judiciary function such as contempt of court and subpoena.


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B. Levels of Judiciary

The Judiciary is primarily classified into regular courts, special courts and quasi-

judicial courts.

The regular courts are those courts, which derive their authority from the

Constitution. It has the power to engage in the general administration of justice. There

are four levels of courts in the Philippines as provided for by Batas Pambansa Blg. 129.

At the lowest level of hierarchy are the first-level courts, which are the Metropolitan Trial

Courts, the Municipal Trial Courts in Cities, and Municipal Trial Circuit Trial Courts

which have original jurisdiction over less serious cases. The next level consists of the

Regional Trial Courts which have original jurisdiction over more serious cases. At the

national level is the Intermediate Appellate Court or latter known as the Court of

Appeals which has jurisdiction over appeals from the decisions of the Regional Trial

Courts and certain quasi-judicial agencies, board or commissions. Lastly, at the apex is

the Supreme Court which the final arbiter of any and all judicial issues.

The special courts, however, are those, which have limited jurisdiction over

certain types of cases or controversies. It can only hear cases that are specifically

provided in the special law creating them. Among the special courts are: the Court of

Tax Appeals which has the jurisdiction to review on appeal decisions of the

Commissioner of Customs and in tax or tax-related cases; the Sandiganbayan which

has the jurisdiction to try and decide criminal cases involving government officials; and


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the Shari’a Courts which have limited jurisdiction over controversies applicable only to

Muslims.

The quasi-judicial courts, on the other hand, refer to those administrative

agencies that are allowed to exercise adjudicatory powers in certain types of

controversies. The Constitution provided for that the Civil Service Commission,

Commission on Elections and the Commission on Audit have quasi-judicial powers.

C. Appointment to the Judiciary

The officials and employees of the Judiciary are all appointed by the Supreme

Court in accordance with the Civil Service Law, as provide for in Sec. 5, Art. VIII of the

1987 Constitution. Also the Supreme Court shall have the administrative supervision

over all courts and its personnel as stated in Sec. 6, Art. VIII.

For one to be appointed as member of the Supreme Court, as provided for in the

Constitution, he must be a natural-born citizen; at least 40 years old; has been

practicing for 15 years or more as a judge of a lower court or has been engaged in the

practice of law in the Philippines for the same period; and a person of proven

competence, integrity, probity and independence.

The Justices and Associate Justices of the Court of Appeals have the same

qualifications as those provided for Justices of the Supreme Court.


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The Regional Trial Court Judges, on the other hand, must be a citizen of the

Philippines; at least 35 years old; and has been engaged for at least 5 years in the

practice of law in the Philippines or has held public office in the Philippines requiring

admission to the practice of law as an indispensable requisite; and that he is a person of

proven competence, integrity, probity and independence.

More so, the Metropolitan Trial Court, Municipal Trial Court and Municipal Circuit

Trial Court Judges must be a citizen of the Philippines; at least 30 years old; and has

been engaged for at least 5 years in the practice of law in the Philippines or has held

public office in the Philippines requiring admission to the practice of law as an

indispensible requisite; and that he is a person of proven competence, integrity, probity

and independence.

The appointment of the officials of the Judiciary is made by the President. He

shall choose among a list of at least three nominees prepared by the Judicial and Bar

Council for ever vacancy.

D. Powers and Limitations

Essentially the powers and duties of the judges are similar to that of the courts,

since they are the one who administers justice. As provided for in Sec. 5, Rule 135 of

the Rules of Court, every court shall have power to preserve and enforce order in its

immediate presence; to enforce order in proceedings before a person or persons

empowered to conduct a judicial investigation under its authority; to compel obedience


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to its judgments, orders and processes, and to the lawful order of judge out of court, in a

case pending therein; to control, in furtherance of justice, the conduct of its ministerial

officers, and of all other persons in any manner connected with a case before it, in every

manner appertaining thereto; to compel the attendance of persons to testify in a case

pending therein; to administer or cause to be administered oaths in a case pending

therein, and in all other cases where it may be necessary in the exercise of its

powers; to amend and control its process and orders so as to make them conformable

to law and justice; and to authorize copy of a lost or destroyed pleading or other paper

to be filed and used instead of the original, and to restore, and supply deficiencies in its

records and proceedings.

More so, the courts also have limitations to its powers and so thus its officials.

One of these limitations is political restraint. This refers to the ability of the other

branches of the government to interfere with the decisions made by the courts when the

former believes it to be unconscionable.

The Constitution has also provided for that judicial power is limited only to cases

and controversies, meaning there must be an actual dispute involving the legal relations

of adverse parties for which the judiciary can provide some type of relief.

In line with the powers of the officials of the Judiciary, being a member thereof

has its benefits. For starters, justices or judges are being deemed by the society as

someone who is of highly intellectual, important and powerful because they are primarily


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perceived by the public as the “beacon of justice”. However, though the public puts

them on a high pedestal, their remuneration says otherwise.

E. Income and Other Benefits

In the paper published by Transparency International in 2007 (Computed with the

average US Dollar - Peso exchange rate of 2007: Php 46.148, National Statistical

Coordination Board), it provided that the Judge’s salary at start of their career is USD

5,996 or Php 276, 703.408, while a Supreme Court of the Philippines Judge’s salary is

USD 32,545 or Php 1,501,886.66 .

Also, judges enjoy the privilege of being exempt from the number coding scheme

as long as they are using the protocol plate 5 for the Chief Justice, 9 for the Associate

Justices of the Supreme Court, 10 for the Presiding Justice and other Justices of the

Court of Appeals, 16 for Regional Trial Court Judges, and 17 for the First Level Court

Judges. The Philippine Judges Association enumerates some of the benefits that the

trial court judges can avail (Philippine Judges Association, n.d.)

I. Hospitalization/medical claims

• A member-judge may claim on an ANNUAL BASIS for the following amounts:

i. P30,000.00 for the member-judge

ii. P15,000.00 for the spouse of a member-judge


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iii. P10,000.00 for a minor child of the member-judge

II. Death claims (“abuloyan”)

• Death claims are based on the following amounts:

i. P60,000.00 for the spouse of deceased member-judge

ii. P50,000.00 for the following claimants:

- Widow/widower of deceased member-judge

- Children of the widow/widower deceased member-judge

- Unmarried member-judge (re: parental death)

- Nearest kin of bachelor/bachelorette deceased member-judge

- Spouse/children/nearest kin of member-judge who has retired, resigned,

been promoted or whose services had been terminated and who have

stopped contributions and passed away within 60 days after the date of

retirement, effectivity of resignation, promotion or termination of services

III. Legal assistance claims

• A member-judge may avail of the legal fund ANNUALLY in the amount of

P15,000.00 to be released as follows:

i. First tranche of P7,500.00 – during preliminary investigation

ii. Last tranche of P7,500.00 – upon submission of the resolution of dismissal of

the complaint


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Also, with the amendment of Republic Act No. 910, Republic Act No. 9946 which

was signed into law by the former President Gloria Macapagal Arroyo, granted

additional retirement, survivorship, and other benefits to members of the Judiciary. Its

salient features, insofar as it pertains to Judges of the trial courts, are summarized as

follows:

a. While the mandatory retirement age is still seventy (70) years, a Judge may now

opt to retire at the age of sixty (60) years, provided he/she has rendered at least

fifteen (15) years of service in the Government, the last three (3) of which shall

have been continuously rendered in the Judiciary. (Section 1)

b. Upon retirement (mandatory or optional), a Judge shall be entitled to receive

during the residue of his/her natural life a monthly pension consisting of his/her

salary plus the highest monthly aggregate of transportation, representation and

other allowances such as personal economic relief allowance (PERA) and

additional compensation allowance which he/she was then receiving and the

non-wage benefit in the form of education scholarship to one (1) child by way of

free tuition in a state university or college. (Section 1)

c. A Judge with less than fifteen (15) years service in the Government or Judiciary

upon retirement (mandatory or optional), shall be entitled to a pro-rata monthly

pension computed as follows:


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No. of years in

the government

_ _ _ _ _ _ _ x

Basic pay plus the highest monthly

or judiciary aggregate transportation,

representation and other allowances

(PERA, 15 Years additional

compensation allowance)

d. A Judge or his/her surviving spouse receiving the benefits of this law, during the

period that he/she is receiving the monthly pension is prohibited from:

i. appearing as counsel before any court in any civil case wherein the

Government or any subdivision or instrumentality thereof is the adverse

party, or in any criminal case wherein an incumbent or former officer or

employee of the Government is accused of an offense committed in

relation to his/her office; and

ii. collecting any fee for his/her appearance in any administrative

proceedings to maintain an interest to the Government, national, provincial

or municipal, or to any of its legally constituted officers. (Section 1)

e. A Judge or his/her surviving spouse entitled to the benefits of this Act, upon

his/her assumption of an elective public office and during his/her term, shall not

receive the monthly pension due to him/her. (Section 1)

f. In case a Judge dies while in actual service, regardless of his/her age and length

of service, his/her heirs shall receive a lump sum of five (5) years’ gratuity

computed on the basis of the highest monthly salary plus the highest monthly

aggregate of transportation, representation and other allowances such as


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personal economic relief allowance (PERA) and additional compensation

allowance received by him/her. (Section 2)

g. When a Judge is killed intentionally while in service, the presumption is that the

death is work-related. If a Judge has served in Government for at least five (5)

years, regardless of age at the time of death, and he/she is killed because of

his/her work as a Judge, the said lump sum of ten (10) years gratuity shall be

received by his/her heirs. (Section 2)

h. Upon retirement, a Judge shall be automatically entitled to a lump sum of five (5)

years’ gratuity computed on the basis of the highest monthly salary plus the

highest monthly aggregate of transportation, representation and other allowances

such as personal economic relief allowance (PERA) and additional compensation

allowance he/she was receiving on the date of his/her retirement. Thereafter, if

the Judge is still surviving after the expiration of five (5) years, he/she is entitled

to receive.

i. If deceased Judge has rendered at least fifteen (15) years either in the Judiciary

or in any other branch of Government, or both, his/her heirs shall instead be

entitled to a lump sum of ten (10) years gratuity. (Section monthly

annuity/pension during the residue of his/her natural life. (Section 3)

j. If the reason for the retirement of the Judge be any permanent disability

contracted during his/her incumbency in office and prior to the date of retirement,

he/she shall receive a gratuity equivalent to ten (10) years’ salary and the same

allowances. However, should the retirement be with the attendance of any partial


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permanent disability contracted during his/her incumbency and prior to the date

of retirement, he/she shall receive an additional gratuity equivalent to two (2)

years lump sum that he/she is entitled to. If he/she survives after ten (10) years

or seven (7) years, as the case may be, he/she shall continue to receive a

monthly annuity/pension during the residue of his/her natural life. A Judge who

has retired with the attendance of any partial permanent disability five (5) years

prior to the effectivity of this Act shall be entitled to the same benefits. (Section 3)

k. Upon the death of a Judge, whether he/she has retired, or was eligible to retire

optionally at the time of death, the surviving legitimate spouse shall be entitled to

receive all the retirement benefits that the deceased Judge would have received

had the Judge not died. The surviving spouse shall continue to receive such

retirement benefits until the surviving spouse’s death or remarriage. (Section 3)

l. All pension benefits or a retired Judge shall be automatically increased whenever

there is an increase in the salary of the same position from which he/she retired.

(Section 4)

m. The same benefits under this Act shall be granted to all those who have retired

prior to its effectivity. However, the said benefits shall be applicable only to

members of the Judiciary and the benefits to be granted shall be prospective.

(Section 4)


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F. Supreme Court Decisions on the Conduct of Judges

Indeed, members of the Judiciary are viewed as individuals who are highly

respected not only in the legal profession but also in the society. Judges and Justices,

being instruments in the administration of justice, are expected to observe proper

conduct and behavior, which must be demonstrative of impartiality, integrity,

competence, independence, and freedom from improprieties.

Thus, the Supreme Court, in the case of Anonymous vs Judge Achas (A.M. No.

MTJ- 11- 1801, February 27, 2013), held that:

No position demands greater moral righteousness and uprightness

from its occupant than does the judicial office. Judges in particular

must be individuals of competence, honesty and probity, charged as

they are with safeguarding the integrity of the court and its

proceedings. He should behave at all times so as to promote public

confidence in the integrity and impartiality of the judiciary, and avoid

impropriety and the appearance of impropriety in all his activities. His

personal behaviour outside the court, and not only while in the

performance of his official duties, must be beyond reproach, for he is

perceived to be the personification of law and justice. Thus, any

demeaning act of a judge degrades the institution he represents.

It must be noted however, that Judges and Justices must not only

conduct themselves accordingly in the discharge of their official

functions and duties but also in their everyday lives.

In the case of Tan vs Pacuribot (A.M. No. RTJ-06-1982, December 14, 2007),


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the Supreme Court held that:

Members of the Judiciary must so conduct themselves as to be

beyond reproach and suspicion, and to be free from any appearance

of impropriety in their personal behavior, not only in the discharge of

their official duties but also in their everyday lives. For no position

exacts a greater demand on the moral righteousness and

uprightness of an individual than a seat in the Judiciary. Judges are

mandated to maintain good moral character and are at all times

expected to observe irreproachable behavior so as not to outrage

public decency. We have adhered to and set forth the exacting

standards of morality and decency, which every member of the

judiciary must observe. A magistrate is judged not only by his official

acts but also by his private morals, to the extent that such private

morals are externalized. He should not only possess proficiency in

law but should likewise possess moral integrity for the people look up

to him as a virtuous and upright man.

Judges should avoid impropriety and the appearance of impropriety

in all of their activities. Judges should conduct themselves in a way

that is consistent with the dignity of the judicial office. Judges, like

any other citizen, are entitled to freedom of expression, belief,

association and assembly, but in exercising such rights, they should

always conduct themselves in such a manner as to preserve the

dignity of the judicial office and the impartiality and independence of

the judiciary.

Also, A judge may not involve himself in any activity that is an aspect of the

private practice of law. His acceptance of an appointment to the Bench inhibits him from


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engaging in the private practice of law, regardless of the beneficiary of the activity being

a member of his immediate family. He is guilty of conduct unbecoming of a judge

otherwise.

Section 35 of Rule 138 of the Rules of Court expressly prohibits sitting judges

like Judge Malanyaon from engaging in the private practice of law or giving professional

advice to clients. Section 11,Canon 4 (Impropriety) of the New Code of Judicial Conduct

and Rule 5.07 of the Code of Judicial Conduct reiterate the prohibition from engaging in

the private practice of law or giving professional advice to clients. The prohibition is

based on sound reasons of public policy, considering that the rights, duties, privileges

and functions of the office of an attorney are inherently incompatible with the high

official functions, duties, powers, discretion and privileges of a sitting judge. It also aims

to ensure that judges give their full time and attention to their judicial duties, prevent

them from extending favors to their own private interests, and assure the public of their

impartiality in the performance of their functions. These objectives are dictated by a

sense of moral decency and desire to promote the public interest.

Judges and Justices must also be courteous especially to the young and

inexperienced lawyers. Although they may criticize and correct unprofessional conduct

of a lawyer, they must not do the same in an insulting or humiliating manner.

In the case of Decena vs Judge Malanyaon (A.M. No. RTJ- 10- 2217, April 8,

2013), the Supreme Court emphasized that:

The Code of Judicial Ethics mandates that the conduct of a judge


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must be free of a whiff of impropriety not only with respect to his

performance of his judicial duties, but also to his behavior outside his

sala and as a private individual. There is no dichotomy of morality; a

public official is also judged by his private morals. The Code dictates

that a judge, in order to promote public confidence in the integrity and

impartiality of the judiciary, must behave with impropriety at all times.

As we have very recently explained, a judge’s official life cannot

simply be detached or separated from his personal existence. Thus:

Being a subject of constant public scrutiny, a judge should freely and

willingly accept restrictions on conduct that might be viewed as

burdensome by the ordinary citizen.

A judge should personify judicial integrity and exemplify honest public

service. The personal behavior of a judge, both in the performance of

official duties and in private life should be above suspicion.

A Judge has also a duty toward the court and to his public office. This was

greatly explained by the Supreme Court in the case of Judge Inoturan vs Judge

Limsiaco (A.M. No. MTJ-01-1362, February 22, 2011), where the court ruled that:

The obligation to uphold the dignity of his office and the institution

which he belongs to is also found in Canon 2 of the Code of Judicial

Conduct under Rule 2.01 which mandates a judge to behave at all

times as to promote public confidence in the integrity and impartiality

of the judiciary. Case law teaches us that a judge is the visible

representation of the law, and more importantly of justice; he or she

must, therefore, be the first to follow the law and weave an example

for the others to follow. The delay in deciding a case within the


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reglementary period constitutes a violation of Section 5, Canon 6 of

the New Code of Judicial Conduct which mandates judges to perform

all judicial duties, including the delivery of reserved decisions,

efficiently, fairly and with promptness. In line with jurisprudence,

Judge Limsiaco is also liable for gross inefficiency for his failure to

decide a case within the reglementary period.

There are also certain requirements that the fundamental law of the land requires

public officers to observe, particularly Judges and Justices. Art. XI, Section 17 of the

1987 Constitution that "a public officer or employee shall, upon assumption of office and

as often thereafter as may be required by law, submit a declaration under oath of his

assets, liabilities, and net worth. In the case of the President, the Vice-President, the

Members of the Cabinet, and other constitutional offices, and officers of the armed

forces with general or flag rank, the declaration shall be disclosed to the public in the

manner provided by law."

It is noteworthy to include in these discussions the impeachment case against

former Chief Justice Renato Corona, the highest among the magistrates in the Supreme

Court and the Judiciary. The former Chief Justice was charged with culpable violation of

the Constitution, Betrayal of Public Trust and Graft and Corruption. The Senate, sitting

as an impeachment court, tried Chief Justice Corona, upon these three articles of

impeachment charged against him by the House of Representatives. The court, by a

guilty vote of twenty (20) Senators found him guilty of the charge under Article II,

Betrayal of Public Trust for failure to disclose to the public his Statement of Assets,

Liabilities and Net Worth (SALN), as required by the 1987 Constitution (Rappler, 2012).


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G. The Liability of Judges

g.1 Civil Liabilities under the New Civil Code:

1. Article 27- refusal or neglect without just cause by a public servant to perform his

official duty.

2. Article 32- directly or indirectly obstructing, defeating, violating or in any manner

impeding or impairing civil liberties guaranteed by the Constitution

g.2 Disabilities and Restrictions under the New Civil Code:

1. Article 1491 (5)- acquisition by purchase either in person or through the

mediation of another the property and rights in litigation or levied upon upon an

execution before the court within those jurisdiction or territory they exercise their

respective functions.

2. Article 739- donations made to a judge, his wife, descendants and ascendants by

reason of his office are void.

g.3 Criminal Liabilities under the Revised Penal Code and Anti - Graft

and Corrupt Practices Act:

1. Article 204- Knowingly Rendering Unjust Judgment


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2. Article 205- Judgment rendered through negligence committed by reason of

inexcusable negligence or ignorance

3. Article 206- Knowingly rendering an unjust interlocutory order


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III. THE GAVEL AND THE ROBE: RELATING THEORY AND ACTUALITY

A. The Judge’s Character

There is more to the definition of a ‘Judge’ than what meets the eye. A lot of

factors are needed to be considered when you talk about what a judge is, and the New

Code of Judicial Conduct provides us with six canons which a judge should embody in

their daily lives as judges, namely, independence, integrity, impartiality, impropriety,

equality, and competence and diligence. These six characteristics must be practiced

and incorporated in the hearts and minds of the judges.

The Honorable Justice Reynato S. Puno in an article entitled The New Philippine

Code of Judicial Conduct, commented on the New Philippine Code of Judicial Conduct

and the pointed out that:

“The members of the Philippine judiciary have been governed for a

long time by a rigid set of rules and regulations, some already ravaged

by the ages.

Upon assumption of office as Chief Justice, CJ Hilario G. Davide, Jr.

lost no moment of time and immediately initiated a comprehensive

reform program for our judiciary. A keystone of the reform program is

the concern for the unsullied integrity of the members of our judiciary.

The program has to find an anchor on a code of conduct that can

withstand the amorphous challenges of the 21st century.

CJ Davide, Jr.’s vision of the future of the judiciary was 20-20, a

perfect vision, for he focused on the need to insulate the integrity of

judges. This need is nothing less than a worldwide concern. Arguably,


26

the best effort to draft a Code of Judicial Conduct applicable to all

judiciaries of the world is the Bangalore Draft. It is founded upon

certain principles set in stone: (1) “a universal recognition that a

competent, independent and impartial judiciary is essential if the

courts are to fulfill their role in upholding constitutionalism and the rule

of law; (2) that public confidence in the judicial system and in the moral

authority and integrity of the judiciary is of utmost importance in a

modern democratic society; and (3) that it is essential that judges,

individually and collectively, respect and honor judicial office as a

public trust and strive to enhance and maintain confidence in the

judicial system.”

From here we can see why the framers of the New Philippine Code of Judicial

Conduct found the need to amend the old Philippine Code of Judicial Conduct. The new

code now for clean and simple, but precise provisions on how a judge should conduct

themselves.

A judge must be equated with justice and in order for justice to emerge; the Code

of Judicial Conduct must be obeyed and observed strictly in order to avoid a negative

reputation by the public.

B. Nature of a Judge

Again, the Honorable Justice Reynato S. Puno in the abovementioned article,

described very well what a judge in any level of the judiciary faces while performing his

functions, thus:


27

“Let us consider our judges’ performance in relation to the canon

calling for competence and diligence. The statistics on the big number

of cases decided by our High Court for the year 2004 are revealing.

They show that some 48,229 pleadings were filed for consideration by

the 15 justices of the High Court. They disposed by minute resolution

4,617 cases. They resolved by long decisions 5,691 cases. Their

collective total case disposition is about 10,000 in a year time. By any

reckoning, this output is substantial. When a visiting justice of the

Supreme Court of Israel learned of the number of cases the High

Court Justices dispose every year, he quipped: “I wonder why all of

you are still alive.”

We next consider our judges’ compliance with the canon of integrity.

Again, let us study the statistics staring at us. For the year 2004, nine

cases were filed against some of the Justices of the Court of Appeals

and none against the Justices of the Supreme Court. Not one of the

cases prospered. In the case of the Sandiganbayan (Anti-Graft Court),

one case was filed against a member and the same was dismissed.

For the year 2005, no complaint has been filed against any of Justices

of the Supreme Court and the Sandiganbayan, 6 cases were filed

against justices of the Court of Appeals but all were found to be

without merit.

Let me slide to our judges in the trial courts. The data reveal that for

the year 2004, some 246 complaints were initiated against judges of

our Regional Trial Courts. After investigation, 215 of these cases were

dismissed. For the year 2005, some 238 complaints were filed against

them. Again, 178 were dismissed. Next, let us see the statistics in our

lowest courts, the MeTCs, MTCCs, MTCs and MCTCs. For the year

2004, some new 145 complaints were filed against the judges.

Including the old pending complaints carried over from previous years,


28

the records show that 147 of the complaints were dismissed. For the

year 2005, some 132 new complaints were filed against them. Again,

106 of the complaints were dismissed.”

As we can see, the life of a judge is not all the time glamorous, a judge can be

faced with charges in the performance of their duties. And as we can clearly see on the

data, most of these cases instituted against them are only filed to harass them, since

most of these cases were dismissed. Being a judge entails a lot of hard work and

stamina in order to survive the challenging world of the judiciary.

C. The Prevalent Issue with the Judiciary: Corruption

c.1 What is corruption in an international scale?

Corruption is increasingly seen as a universal problem, deeply embedded in

many national legal systems and also transnational in nature. It is so endemic that it has

generated its own special vernacular, such as “Code 1,000” in Honduras, “mortida” in

Mexico, “arreglo” in the Philippines, “baksheesh” in Egypt, “dash” in Kenya or “pot de

vin” in France. (Chodosh, Hiram. 2009)

The institutional response to corruption is nearly pervasive around the world.

Agencies like the United Nations and the IMF have for many years conditioned aid to

developing countries on their commitment to anti-corruption reforms. International laws

on many scales prohibit corruption and require that countries take affirmative steps to

prevent and prosecute it. (Chodosh, Hiram. 2009)


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The “Corrupt” System in the Judiciary in an international scale

Corruption deteriorates trust in democratic institutions. Beyond these general

effects, Corruption undermines the very institutions, including the judicial and legal

system which are responsible for enforcing anti-corruption norms. The ease with which

the law is undermined weakens the incentives for compliance. Low compliance with the

law imposes additional burden on the judicial system to decide greater number of

conflicts arising from violations of public and private laws. (Chodosh, Hiram. 2009)

International and regional human rights instruments recognize as fundamental

the right of everyone to due process of law, including to a fair and public hearing by a

competent, independent and impartial tribunal established by law. An essential element

of the right to a fair trial is an independent and impartial tribunal. Another element is the

procedural equality of parties, the so-called “equality of arms”. If the judicial system is

corrupt, no such elements will exist. Judicial corruption influences unduly access to and

outcome of judicial decisions. The decisions will remain unfair and unpredictable and

consequently the rule of law will not prevail. (Langseth, Petter. 2001)

If one of the parties has bribed a judge or other court official and obtained access

to documents which the other has none, or caused documents to disappear, there can

be no equality of arms. A judge who has taken a bribe cannot be independent, impartial

or fair. When such things happen, that party immediately acquires a privileged status in


30

relation to other parties who have not offered such bribe or are not in a position to offer

a bribe. (Langseth, Petter. 2001)

Judicial corruption appears to be a global problem. It is not restricted to a specific

country or region. Yet manifestations of corruption seem to be at their worse in

developing countries and countries in transition. Few studies conducted suggest that

the causes of judicial corruption vary significantly from State to State. (Langseth, Petter.

2001)

The Usual Problems faced by Judges and Solutions adopted by them to Fix it

The increased acceptance of the international dimensions of the corruption issue has

prompted countries to take initiatives to address the problem to make life tougher for

bribe giving business firms in their own countries. (Asia-Pacific Development Journal.

2000)

Some of the possible causes include low remuneration and the administrative

nature of the roles of judges, far reaching discretionary powers and weak monitoring of

the execution of those powers. The lack of transparency and the absence of

comprehensive and regularly updated databases further worsen the effects of

corruption in the judiciary. Indicators of corruption, as perceived by the public, include

the delay in the execution of court orders, unjustifiable issuance of summons and

granting of bails, prisoners not being brought to court, lack of public access to records of

court proceedings, disappearance of files, unusual variations in sentencing, delays in


31

delivery of judgments, high acquittal rates, conflict of interest, prejudices for or against a

party witness, high rates of decisions in favor of the executive, legislative and all others.

(Langseth, Petter. 2001)

The Centre for International Crime Prevention and Transparency International

intend to make a difference because even though judicial integrity is critical, only a few

international institutions are currently focusing on this issue. The typical approach would

be to reform the judiciary from the outside, through the executive and/or focus on

capacity, rather than integrity of the judiciary. Trusting each other, the justices have

joined in partnership for an international cause. With vast experience and expertise on

the matter, they also have demonstrated their willingness to be self-critical and openly

address highly sensitive issues. In this regard, they have focused upon the question of

integrity of their own institution, the judiciary, for the benefit of strengthening the

judiciary across legal systems against corruption. . (Langseth, Petter. 2001)

Corruption in the judiciary is a complex problem and needs to be addressed

using a variety of approaches. In Venezuela, where 75 percent of the population

reportedly distrusts the judicial system, a US $120 million reform program aims at, inter

alia, eliminating corruption by opening up the system, with public trials, oral arguments,

public prosecutors and citizen juries. . (Langseth, Petter. 2001)

In order to ensure the correct behavior of judicial officers, the adoption of judicial

codes of conduct must be urged. Judges must be instructed in the provisions

established by such a code and the public must be informed about the existence, the


32

content and the possibilities to complain in case of the violation of such a code. Newly

appointed judicial officers must formally subscribe to such a judicial code of conduct and

agree, in case of proven breach of the code, to resign from judicial or related office. .

(Langseth, Petter. 2001)

Next, widespread delays cause both opportunities for corrupt practices and the

perception of corruption. Therefore, practically tenable standards for timely delivery

must be developed and made publicly know. In this context it should be noted, however,

that reducing court delays has proven extremely difficult even in countries where the

mobilization of human and financial resources is far less problematic than in countries in

the developing world. . (Langseth, Petter. 2001)

Also, practical measures should be adopted, such as computerization of court

files. Experiences from Karnataka State in India suggest that the computerization of

case files helps not only to reduce immensely the work load of the single judge and to

speed up the administration of justice, but also helps to avoid the reality or appearance

that court files are “lost” to require “fees” for their retrieval substitution. Sentencing

guidelines could also significantly help in identifying clearly criminal sentences and other

decisions which are so exceptional as to give rise to suspicions of partiality. . (Langseth,

Petter. 2001)

Furthermore, alternative dispute resolution should also be made available

because this would give the litigants the possibility to avoid actual or suspected

corruption in the judicial branch. The importance of proper peer pressure to be brought


33

to bear on judicial officers should also be noted, and that this practice should be

enhanced in order to help maintain high standards of probity within the judicature.

Establishment of an independent, credible and responsive complaint mechanism was

seen as an essential step in the fight against judicial corruption. The responsible entity

should be staffed with serving and past judges and be given the mandate to receive,

investigate and determine complaints of corruption allegedly involving judicial officers

and court staff. . (Langseth, Petter. 2001)

However, in many countries where these are standard features of the system,

the judiciary is nonetheless perceived to be corrupt. It should be acknowledged that

judges, like other citizens, are subject to the law. They have, and should have, no

immunity from obedience to the general law. Where reasonable cause exists to warrant

investigation by police and other public bodies of suspected criminal offences on the

part of judicial officers and court staff, such investigations should take their ordinary

course, according to law. . (Langseth, Petter. 2001)

Judicial officers, in their initial education and thereafter, should be regularly

assisted with instruction in binding decisions concerning the law of judicial bias (actual

and apparent) and judicial obligations to disqualify oneself for actual or perceived

partiality. In order to assure the monitoring of judicial performance, the explanation to

the public of the work of the judiciary and its importance, including the importance of

maintaining high standards of integrity, needs to be explained. . (Langseth, Petter.

2001)


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Current Disciplinary System Example: PENNSYLVANIA

In order to develop a strong and effective method for disciplining judges who act

improperly, the Judicial Discipline System of Pennsylvania reminds judges and the

public that the power of the robe comes with great responsibility. When that power and

responsibility are abused, the abuse should be dealt with harshly, yet fairly. A strong,

independent judicial discipline system must protect the public by ensuring that unethical

and illegal conduct by judges is halted and punished. (Goodman, Shira J. and Marks,

Lynn. 2011)

The Judicial Discipline System of Pennsylvania recommended changes in its

judicial discipline system to ensure that the functions the courts are tasked with are

done effectively to protect the public. It advocated for an increased funding in its Judicial

Conduct Board (JCB, for brevity) and the Court of Judicial Discipline (CJD, for brevity)

and in line with that considered separating the budget requests of the JCB from the CJD

in order to improve the transparency and accountability of these bodies. Expansion of

the information provided in the website and the participation of JCB in Public Education

Programs to promote public understanding of the work of Judges and of the Judicial

Discipline System. In addition, the standards and procedures for emergency or temporal

removal of a judge were also recommended to be clarified and to be applied constantly.

Even if the JCB defers an investigation, it should not defer taking action to protect the

public when there are allegations of judicial misconduct in office. The constitutional

confidentiality provisions should be interpreted to protect the parties to a complaint, not

the JCB. (Goodman, Shira J. and Marks, Lynn. 2011)


35

Furthermore, it was also recommended that the Court of Judicial Discipline

should articulate and apply clear, consistent grounds for decisions, particularly

regarding the sanction of removal from office, in order to strengthen the judicial system

and to prevent supposed perpetrators from doing or even attempting to do malicious

deeds. (Goodman, Shira J. and Marks, Lynn. 2011)

c.2 Corruption in the Philippine Setting

Corruption in the Philippines has become “a humanitarian crisis” and scandals

increasingly seem to dominate the news. Corruption is a serious obstacle to the social

and economic development of a country. The benefactors of this negativity are the

Filipino people themselves. End-users are made to pay for overpriced goods or services

or are made to deal with low-quality or substandard goods or services. (Tacloban

Hotels. 2013)

But, despite the seriousness of the problem, people in the government show no

sense of urgency to fight it. What’s worse is that corruption scandals are only “closed”

by the fact that other corruption scandals are taking its place. It’s like the new scandals

take over the old, and the “old” eventually fades away, unsolved. Nobody ever seems to

be punished. It’s either they are left to leave the country or get confined to their

hospitals on the guise that they are “sick”. The idea of cultural acceptance of corruption

also needs to be re-examined in the state where Filipinos decry it as a major problem. It

facilitates criminal enterprises such as black marketing and illegal gambling syndicates,

both also prevalent. (Moratalla, Nelson Nogot)


36

Corruption has both political and socio-cultural roots: the political system and its

institutions allow graft and corruption to flourish, but it is people, not institutions, who are

robbing government funds. Billions allocated to infrastructure projects, community

development, and improving the lives and health of the Filipino people have gone into

individuals’ pockets, or Swiss bank accounts, instead of designated projects. (Elliott,

Gary. 2008)

c.3 The “Corrupt” System in the Judiciary

The conflict with corruption is highlighted in the use of the alibi of a gift-giving

culture to justify bribery and extortion, or the Filipino regard for the other to justify giving

benefits to unqualified but personally known recipients. One’s kin may exclude a

bureaucrat who chooses to stay within the law. The state may, however, leave them

alone, provided they do not compromise their official role. Another case is when an

official participates in a decision involving a kin, even if they vote against that person’s

interest, that official can still be charged with corruption. (Moratalla, Nelson Nogot)

Embezzlement of funds, although not really that common with judges considering

the fact that they do not really handle these funds, is sometimes evident among judges.

This can be done in connivance with people who are entrusted with the supposed

money intended for funding non-governmental organizations (NGOs). For example, if a

specific NGO will receive its own set of funds in the amount of 30M pesos, the judge

connives with the treasury or the person tasked with receiving the money so that when

such amount is received by the NGO itself, they have already gotten their “share”.


37

Nepotism and favoritism is also another case, in which members of the judiciary

particularly those occupying high positions tend to cause appointment or employment of

their relatives and close friends to positions in the government even if they are not

qualified or eligible to discharge the functions of that office. This is one of the root

causes of inefficiency and overflowing government employees. (PCTC)

In line with this, Patronage can also be said to be a part of it, as members of the

judiciary have specific “patronage” privileges that they are willing to extend to a person

or some group and have never ending means of exercising it according to their whims,

to the detriment of the Filipino people.

Extortion is also rampant in the judiciary nowadays, done by members against

the parties they are handling in their courts by demanding money, valuable items, or

services from ordinary citizens who transact business with them or with their office. This

is usually rampant in performance of judicial functions relating to low profile cases

because of the lesser amount of scrutiny involved. (PCTC)

Protection Money can also be a cause for corruption. This is a form of bribery

wherein citizens performing illegal activities and operations often deliver huge amounts

of money to a member of the judiciary which has jurisdiction in the case which they are

involved, in exchange for unhampered illegal operation. The member who receives the

money will be bound to protect the citizen concerned together with his illegal activities

and prevent the law from striking him down. (PCTC)


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The “Lagay System”, the most common form of bribery in the judiciary, is done

by the citizens to bribe the members of the judiciary to speed up “processes” required in

cases. Too much paper requirements, long processing of documents, ineffective and

inefficient personnel management and the absence of professionalism in the public

service force ordinary citizens to employ illegal methods for the immediate dispatch or

judgment in their cases. Offer of a huge amount of money to a member of the judiciary

who can facilitate the flow of the trial is often the most frequently employed method of

this form of bribery. (PCTC)


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D. The Usual Problems Faced By Judges in Legal Ethics

THE INTERVIEW PROPER

MEET THE LADY JUDGES


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Quick Facts:

! Hon. Judge Gina M. Bibat-Palamos currently presides Regional Trial Court -

Branch 64 of Makati city, while Hon. Judge Lucia V. Isnani is a retired Judge and

is the current Chief Supervisor of Philippine Mediation Center in Makati city.

! The Interview happened at Makati Halls of Justice

! The group activity started around 8:00 am last February 25, 2014

d.1 Independence

As powerful as a judge’s authority may be inside the court, his position to render the

higher judgment is still vulnerable from malevolent intentions of the people around him

whose corrupt motives to manipulate justice leave bad impression on the judiciary

office. Those underground attempts to create negotiations that lead to favorable flow of

the case are the biggest hindrance in maintaining the appearance of independence by

the judge. In the course of the group’s study of law, particularly in Legal Ethics, they

able to understand that lawyers and judges must exercise their profession to the best of

their knowledge and perform their duties in accordance with personal assessment of the

facts of a certain case before rendering decisions in order to serve justice where it is

due. As for the judges’ duty, they are expected to be equipped with the ability to make

independent judgment without fear or favor. However, we have also learned through

this interview that not all judges are able to remain steadfast in their decisions because

of numerous external factors. Most common among these factors is the Extraneous

influence that comes from a variety of persons - from a former classmate or colleague,


41

to the closest blood relations in sixth degree of consanguinity. Having close family ties is

one of the primary reasons why Filipinos cannot easily refuse to do favors and accept

pleas from relatives. But this should not be applied in the performance of the duty of a

judge.

The group begins the interview with how the judge exercise her independence in

making decisions. Judge Palamos told the group what is arguably the best formula to

prevent such external influence in making decisions. According to her, honesty to the

profession and its separation to personal life and affairs make it easy to fulfill her duty

as a judge where she can maintain independent decision in the cases she handle. Her

demeanor as a strict and reputable judge safeguards her profession from any external

attempt to convince her to break the laws and cover the truth. We have learned how she

was able to weather the adversaries in her profession. She shared several occasions

wherein people talked to her about cases in which they might be involved or has interest

therein. She never succumb to any kind of pressure. She also shared how a former

colleague’s odd conversation with her gave her a hint of a hidden agenda to try to

impose influence on her to bend a certain case. She also revealed to us numerous

attempts to bribe her in the most unbelievable and surprising means. Any offer of a

huge amount of money could blindside anyone easily regardless if its consequence is to

compromise their profession. But Judge Palamos is a great exemption to this. The

group acknowledge her selfless desire to just perform her duty and honor the profession

which exemplifies the real meaning of Independence that the first code in the New

Judicial Ethics emphasizes.


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d.2 Integrity

Not only integrity is expected to be exhibited by all members of the judiciary but it is

also the most difficult to preserve both to themselves and most importantly, to the high

courts where they owe the profession. People look upon the conduct of the judges as a

reflection of the judiciary branch and whenever an allegation of corrupt practice, no

matter how small it is, is connected to a judge, the integrity of the court is also tainted. A

tarnished integrity is the hardest to reacquire that is why judges, over the course of their

practice of profession, should guarantee that they perform in good faith and with proper

moral standing. In the group’s interview with Judge Palamos and Judge Isnani, they

realized how difficult it is for the judges to remain true to their duty because according to

them, they had to deal with the biggest and most arduous task of their career just to

preserve the integrity of the court. They have to battle out series of complaints and false

accusations that were thrown to them over the years. The vicissitudes of the judicial

office can either make or break a judge’s career. Keeping up with what a reasonable

observer expects from a judge is never an easy thing to do. The group learned that, to

remain honest to the profession, a judge must maintain proper compliance with the

obligations in the office accompanied by humble treatment to their colleagues which

paved their way to success for a long time. There will always be those envious people,

who works in the very same halls of the building where a judge is assigned, that will

stop at nothing to create a hostile atmosphere that eventually leads to the toughest tests

of a judge’s character and professionalism. The group also learned how valuable it is to

maintain the trust and confidence of the public to the profession and the court as well.


43

Most of the time, a judge’s work day does not only end by finishing their tasks but also

providing clear and satisfying performance that a reasonable observer would not doubt.

d.3 Impartiality

Before a judge could render a decision to a case, he must carefully assess all the

facts presented by both parties. A final judgment should be free from doubt in the eyes

of a reasonable observer in order to maintain the judge’s good standing. By being

honest in the exercise of a judge’s duty, he can provide a balance treatment of the case

regardless of how strong is the guilt of the accused based on the evidence presented.

What is morally right does not always tantamount to the determination of guilt in the

legal process. An accused will forever be shielded with his constitutional rights to a fair

trial. During our court observance, we noticed how Judge Palamos was keen to every

details during the direct and cross examination of the witness. It is of our understanding

that, as a judge, she must impose a strict observance of the court’s procedure to be

able to provide enough merits on the case. In an another interview, we learned how

Judge Isnani was lauded by her colleagues and other court personnels by earning the

reputation of being a fair judge. The latter’s respect and dedication to her profession has

given her the honor and love from the people in Makati which she now enjoys even after

retirement as a judge. She even shared to us one instance where she has to inhibit

herself in one particular case so as to avoid being perceived by the public as a biased

judge. She honors her dignity by her continued excellence in her duty as a judge

throughout the years.


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d.4 Impropriety

The group learned from its interview with Judge Isnani how important it is to

establish a well respected demeanor inside and outside the courtroom. She recalls how

during her younger years as a judge, lawyers and clients look upon her as a public

figure who embodies all the necessary characteristics of a judge. From the way she

dressed elegantly in every trial, to her humble relationships with colleagues and clients.

According to her, it is always important to maintain kind attitude to every person you’re

dealing with. She takes pride in her four long decades of service not only to her

community but more importantly to the lawyers who never held any grudges during her

time as a judge. Judge Isnani believes that, although a judge cannot please everybody,

she must at least gain respect and confidence from the majority of the people, clients,

lawyers, and fellow judges. She carries along her long career the importance of how the

appearance of impropriety must be shown at all times. A judge’s conduct towards the

public and in the performance of her duty reflects the integrity and prestige of this noble

profession. Her storied career is simply one of a kind that she had been given the

opportunity to be invited to become one of the associate justices of the Supreme Court.

However, her love for her colleagues in Makati Hall of Justice prevail over higher honor

which made her chose to live a modest life as a judge. Life’s lessons from a judge

comes not from the number of cases he or she has handled but by how people remains

faithful to the judge’s ability to render a well deserved justice.


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d.5 Equality

Throughout their career, both Judge Palamos and Judge Isnani were able to deliver

their best judgment in accordance with the basic principle of equality. According to

them, social and cultural diversity must not hinder their equal judgment. Social and

economic status must not dictate the outcome of any trial because in the eyes of the

law, both parties involved in a trial have rights, which shall not be impaired, not even by

the judge. Judge Isnani told the group how she mastered the way of assessing the facts

of the case without having to check on the personal lives of the persons involved. While

Judge Palamos asserts that the more she did not know the persons involved in the

case, the better it is to render equal judgment. She also imposes strict observance of

the rules of court to the witnesses in a trial regardless of the social status. In the

exercise of their duty as a judge, equality must not only be done during trial but it must

also manifest outside the courtroom such as in dealing with other legal affairs.

d.6 Competence and Diligence

In pursuing continued excellence in the practice of her profession, Judge Palamos

confessed that when she was a younger judge, she consults Justices of high repute to

serve as her mentor. As a judge, it was not always easy for her to perform her duty in

executing decisions perfectly. She learned from the bests which she now applies inside

the courtroom. She also admitted that one of the worst scenarios that she worries about

is to be accused or being filed a complaint against for being ignorant of a certain law.

Judge Palamos thrives for the betterment of her profession. She did not take up the


46

usual programs offered to the lawyers and judges but instead, her other job as a

professor in San Beda College School of Law contributes a lot in furtherance of her

legal knowledge and wisdom. Another motivation for competence she revealed to us is

that, in performance of her duty, she does not meddle with the businesses of other

judges but instead, she simply focuses on what’s going on inside her courtroom. She

did not mind what other judges had to say about her. In addition to that, she knows very

well the value of having to separate personal life from her duty as a judge. As

successful as she is now, she takes pride in raising her children very well without letting

her job interfere with family affairs. She arrives at her office on time because she

believes, every single minute counts in legal profession. Lastly, it is important to

remember that regardless of how prestigious the title of a judge is, if they cant carry out

their duties in accordance with what the code of judicial ethics mandates, the people

would still lose confidence in the office.

E. The Opinion and Advice of the Judges

After the Honorable Judges shared the usual problems that they encounter with

legal ethics in their job, they never forgot to give their pieces of advice to the group.

They have also shared the things that they do to handle such problems. As for what

Judge Palamos said “Every judge has a reputation. It may be good or bad. Some

judges are known to accept bribes and some are known to be strict with the law. She It

is for other people to say who is ethical and who is not”. The only thing that they can do


47

as judges is to try and hear the case based on its merits and not be influenced by the

intrigues that they are facing. They should always maintain an image of integrity,

independence and impartiality amidst the issues.

When it comes to balancing their private and professional lives they keep it

separate meaning they do not talk about the cases they are deciding inside their homes

and they do not let their relationship with others influence them. The group thinks that

this is the most commonly faced problem by our Judges. For example as what Judge

Palamos said, It cannot be denied that she is friends with her co-professors in San

Beda and sometimes they appear as counsels in her sala. The only thing that she could

do is not to let their relationship get in the way of her judging and try and hear the case

based on the merits.

Having to become a judge is really difficult, for judges cannot do or enjoy what

ordinary people can. As what Judge Isnani said that before, she really loves to go on

social gatherings where she can sing and dance but after being appointed as a judge,

she rarely goes out anymore because she puts in mind that such actions can create a

doubt in her impartiality, independence and integrity as a Judge. “There should be no

room for doubt in the mind of an ordinary man” according to her. At all times a judge

must be seen as impartial and independent. Proper attire and decorum are also very

important for her because it gives an impression of competence and integrity.


48

Offering bribe to public officials and judicial officers is common knowledge

especially here in the Philippines. For the two judges that the group has interviewed, it

is for the judge himself or herself to avoid. To have a good set of morals, a character not

centered on material desires and a strong self-restraint will surely avoid the temptation

of accepting big amount of money.

With the opinion and pieces of advice aforementioned, the solutions they think

would help in maintaining the integrity, independence and impartiality. Hence, it is time

for the group to share our insights about the problems and the possible solutions to

minimize the problems that our judiciary is facing.

F. Key Judicial Corruption Problems and The Recommended Solutions:

First, what is the meaning of “judicial corruption”? Transparency International

defined it as the abuse of entrusted power for private gain. This means both financial or

material gain and non-material gain, such as the furtherance of political or professional

ambitions. Judicial corruption includes any inappropriate influence on the impartiality of

the judicial process by an actor within the court system. (Transparency International,

2007)


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According to the country studies conducted by Transparency International the

most commonly identified problems which our group thinks are applicable here in the

Philippines are the following. First, is the failure to appoint judges based on merit. It is of

common knowledge here in our country that we have that “Padrino System”. It only

means that one can be given a position or can be appointed to an office or a court if

such person know some people who are influential in the society or someone who has a

high position in the government. This often times lead to the appointment of corruptible

officials. Second, the poor salaries and unhealthy working conditions that is common in

the Judiciary. With the type of job that our judges have, it is really not enough of what

they are receiving as compensation. Here in the Philippines, not all courts are given that

security they deserve. For example, in the provinces, when compared to courts here in

Metro Manila, one may see the difference immediately. Some courts have many guards,

some metal detectors and other devices for security purposes. From that alone, poor

working environment robs most courts of the appearance of Integrity as an effective

institution for bringing justice. Third is transparency. Cloudy court processes prevents

the media and civil society from monitoring court activity and exposing judicial

corruption. In addition, not all judges disclose their true assets. This alone makes it even

easier for some to commit evil deeds. (Transparency International, 2007)

The following are the recommended solutions to the problems identified in the

preceding paragraph. For the problem in appointing judges, the appointing body should

have an objective and transparent process for the appointment. This is to ensure that

only the highest quality candidates are selected, and that they do not feel indebted to


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the particular politician or senior judge who appointed them. For the problems about

security and salaries, the salaries of the judges must be reasonably commensurate with

their position, experience, performance and professional development for the entirety of

their tenure; fair pensions should be provided on retirement. When it comes to their

security, courts in the province should have the same kind of security as the courts

located in the cities for judges not to give in to threats or fear for their lives for they are

only human. Lastly, judges should make periodic assets disclosure, especially where

other public officials are required to do so. (Transparency International, 2007)

Some of the identified judicial problems and solutions recommended by

Transparency International were not included for reason that the group thinks that such

were already addressed by the Judicial department of the Republic of the Philippines.


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G. Comparative Table

Table 1. A Comparison on the What a Judge Is Based on the Philippine Code on Judicial Conduct and Actual Practice.

JUDGES AS DEFINED AND

LIMITED BY THE CANONS

ACTUAL AND MODERN-

DAY FILIPINO JUDGE

WHO

Natural-born citizen of the Philippines; At least 35 years of age if RTC while 30 years of age if MTC; Has been engaged for at least ten years if RTC while five years if MTC, in the practice of law in the Philippines, or has held a public office in the Philippines requiring admission to the practice of law as an indispensable requisite; And a person of proven competence, integrity, probity, and independence.

Same minimum requirements plus back-up from powerful/ reputable persons

ROLES

Public officer selected to preside and administer law in court

Public official, Spouse, Mother, Colleague, Friend, Professor

Proficient/ Must know almost

Commits mistakes/errors and


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CHARACTERISTICS

everything; Omnipotent; No stain of conduct unbecoming; Dispose cases on time; Observes proper conduct and irreproachable behavior; Noble, lucrative, and glamorous profession;

learns from it; Cites contempt for those who are disobedient; Experiences temptations and rumors re their profession; Incur backlogs in deciding cases; Every action is under public scrutiny; Harassed with charges in the performance of duties;

WAYS TO BROADEN

KNOWLEDGE

Keep abreast of legal developments and jurisprudence; Participate in mandatory continuing legal education programs

Participate in mandatory continuing legal education programs; Consults with their mentors; Share experiences and new learning with colleagues; Teaches in academe; Maximizes the internet in searching legal developments


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Table 2. A Table on the Philippine Code of Judicial Conduct and Its Canons Based on the Interview.

CODE OF JUDICIAL CONDUCT

PROBLEM/S

ENCOUNTERED

SOLUTIONS/WAYS

ADOPTED WITHOUT VIOLATING THE CANONS

INDEPENDENCE

1. Underground attempts of bribery to create negotiations by persons with corrupt motive to manipulate justice;

1.a. Exercises ability to make independent judgment without fear or favor; 1.b. Just perform duty as a judge and honor the profession

2. Extraneous influence from various persons;

2.a. Honesty to the profession and its separation to personal life and affairs; 2.b. Demeanor as a strict and reputable judge; 2.c. Do not entertain people at home, only in the office.

INTEGRITY

1. Allegation of corrupt practice to a judge which taints the integrity of the court;

1.a. Performs tasks in good faith and with proper moral standing; 1.b. Proper compliance with the obligations as a judge


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2. Envious persons within the workplace which creates hostile atmosphere

2.a. “Mind my own business” mentality; 2.b. Humble treatment to others

IMPARTIALITY

1. Deciding cases in which there is a strong guilt of the accused based on evidence presented

1.a. Careful assessment of all the facts presented by both parties; 1.b. Balance treatment of the case

2. Instances where a friend/colleague is a counsel of one of the parties

2. Impose strict observance of the court’s procedure to be able to decide based on the merits of the case

3. High confidentiality of mediation

3.a. Inhibition from talking about it outside the court; 3.b. Talking to the parties alone without the lawyer

IMPROPRIETY

1. Inability to please everybody

1.a. Maintain kind attitude to every person you are dealing with; 1.b. Dress well and decently to gain respect and confidence from at least majority of the people; 1.c. Arrive in your office on time

1. Social and cultural diversity

1.a. Remind oneself that both


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EQUALITY

parties involved in a trial have rights which shall not be impaired, not even by a judge; 1.b. By not checking on the personal lives of the persons Involved

COMPETENCE AND DILIGENCE

1. Fear of not executing decisions perfectly

1.a. Consult a mentor; 1.b. Explore other means of broadening your knowledge

2. Being filed a complaint against gross ignorance of the law.

2.a. Do what is necessary (e.g. submit a comment) once a complaint is filed against you 2.b. Thrive for the betterment of the profession


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H. The Band- Aid Solutions Adopted by Judges

The modern-day judges whom the group interviewed still manage to be ethical in

their dealings despite numerous problems, which challenge their adherence to the Code

of Judicial Conduct. They may not rigidly apply what the code solely provides but what

is important is that they were able to adopt solutions/ways on how to handle it without

compromising their duty as a judge. These so-called “Band-aid solutions” are actually

like “fillers” in real life scenarios, which the code does not actually speak of. It is a

combination of techniques on how a judge can delineate his supremacy over the case.

For example, inevitable circumstance occurred like when a judge walks along the

corridor and a counsel would ask him/her when will he/she grant the petition for bail.

The code simply mandates the judge to maintain independence, integrity impartiality,

impropriety, equality, competence and diligence. Thus, each judge can adopt his/her

own “band-aid solution” in that particular case. Like what one of our interviewees did,

she simply replied “Next year.” It is apparent that the petition could not be decided after

a year but her remark implied that the counsel should wait for the decision whether it is

a yes or a no.

Hence, long as judges do not violate the New Code on Judicial Ethics, they are

free to adopt certain measures, which will enable them to avoid needless situations that

can give rise to the questioning of their fitness in discharging their duties as a Judge.


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IV. SEPARATE OPINIONS BY THE GROUP

The group agreed in toto that there is a need to express each one’s point of view

regarding one’s inclination to become a judge after conducting the interview and on how

do we handle ourselves as a Judge if faced with the same set of unique problems

encountered by them The following are the perspectives of each one of the group

members.

A. Abrera

I have never dreamed of becoming a judge but I am open to possibilities if ever

one will arise in the future. I believe and learned that judgeship entails a lot of hardship

and discipline. The most striking lesson for me during our interview is to manage time

wisely. Judges are not only public officers because they also have a duty to their

spouse, children, parents, friends, colleagues, and to themselves. They have to multi-

task in order to fulfill all these duties. I am open to be molded to attain the qualities

which a judge must have as early as now.

I believe that judgeship is a long process that is why the constitution mandates a

five-year (for MTC) or ten-year (for RTC) period in the practice of law, as the case may

be. Judges are trained well to handle the politics in the real world. The conduct of

independence, integrity, impartiality, impropriety, equality, competence, and diligence

must be deeply rooted in them first before sitting in the Judiciary.

Judgeship is a profession in which one uses not only his mind but his heart as

well. Love for public service and for the profession must be the principal reason why he

practices it. The perks are only incidental to the profession.


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Truly, as cited in Goodman, Shira J. and Marks, Lynn, “the power of the robe

comes with great responsibility.” It is really a matter of discipline whether our judges will

overuse their power or they will use it to aid it in the administration of justice. As a law

student, it is satisfying to know that we still have role models on the moral righteousness

and uprightness. If ever I will be faced with the same set of problems encountered by

our modern-day judges, I hope that I will be able to formulate my own solution/way

without violating the canons.

B. Celerian

I am now a convert. I always thought of the negative image that our Judiciary

system maintained. I never thought that there are still Judges who really adhere to the

inhibitions mandated by the law, coupled by their passion to really bring justice to where

it is due.

This substantial change does not only cover my targeted nature of expertise as a

lawyer in the future but also cover the whole outlook of one average law student who is

still “under construction”. When my dreams almost dwindled because of the tedious life

and unexpected delays in law school, I did not expect that there is a deeper reason for

having such standards both in academic and moral part (which, for some, is higher than

that standard required in passing the bar examinations). That is, to be equipped with

that kind of extraordinary discipline and good moral character from the very beginning

and to continue such at all times because it goes to the heart of the profession itself.


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From a perspective of a law student, it was easy as ABC to say that I’ve been targeting

to become a lawyer honed in litigation. This is the most basic idea of the practice of law.

The Atticus Finch of the good old days. Then because of the interview, another hidden

desire came. I have been thinking of how our young lady judges who also happen to be

professors in law school was able to accomplish such.

I find Judgeship really appealing yet challenging because of the perks enjoyed by

the Judge. As of the moment, with my principles intact, I can see myself as a Judge who

can handle things well, in accordance to the New Code of Judicial Ethics. The problem

area to which I’m fearful, however, lies on the fact that I really put value to family and

other relationships. Hence, one of the goals I think that I need to set is how to put a

demarcation line as to special favors without any fear to anyone. Re-assessing and

pumping up the passion of being in love with the law can also couple such goal.

Adherence to the letter of the New Code of Judicial Ethics in its strictest sense, I

believe, can be done with the set of preventive measures adopted by the Judges

interviewed. As long as they do not commit any violation of the inhibitions, then the

Judges are free from adopting their own system in order to mitigate all the pressure and

other external influences, which might impair the ethical fulfillment of their duties.

C. Marcaida

Certainly Yes. I am considering judgeship as a future vocation not only because

of the prestige and respect that the society has in such profession. I do want to try and

decide cases even though after the interview that my group mates and I conducted with


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two honorable judges. Having to know the problems that they normally encounter and

endure still I do consider it. Being given the chance to ask some questions to two well

respected judges I have come to realize how difficult it is to be a judge. since they

should be the embodiment of competence, integrity and independence at all times and

that they should behave in such a manner that would promote public confidence in the

integrity and impartiality of the judiciary.

A judge must be impartial in decision making in the pursuit of justice. in an

adversarial system of justice cases are contests between opposing sides, which

ensures that evidence and legal arguments will be presented. the duty of the judge is to

provide an independent and impartial assessment of the facts and how the law applies

to those facts.

Being the person to decide a case a judge must also keep in mind not to let the

family, social or other relationships to influence their judicial conduct or judgment. This

is somewhat the most violated code of conduct of judges because we are Filipinos and

we are known for our being hospitable, with strong family ties and the thing that we call

“utang na loob”. This for me I think is the thing that would mostly influence an ordinary

man in his judgment. This is a very difficult problem that a judge must face. In the words

of judge Isnani “there should be no room for doubt in the mind of an ordinary observer”.

At all times a judge must be seen as impartial and independent. As for Judge Palamos

to her it is also a problem because as she said. It cannot be denied that she is friends

with her co-professors in san Beda and sometimes they appear as counsels in her sala.

The only thing that she could do is not to let their relationship get in the way of her


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judging and try and hear the case based on the merits. And also she does not talk about

the cases that she is deciding inside their home that’s another way of balancing her

professional life as a judge and a private person.

After having a chance to ask Judge Palamos about some problems in legal ethics

in the judiciary of what she said that was really stuck inside my head was that every

judge has a reputation. It may be good or bad, some judges are known to accept bribes

and some are known to be strict with the law. She said it is for other people to say who

is ethical and who is not. And that statement by her really made me think that keeping

an image of being independent and impartial is the hardest thing that judges are facing.

Just by observing the facial expressions of Judge Palamos And judge Isnani and the

way they tell their experiences of being a judge I can tell that they really enjoyed their

work even though they may be restricted by it in some aspects.

With all the problems that a judge must face why am I still considering it as a

future vocation? The answer is simple. Because it is a fulfilling vocation, having to be an

instrument of justice. I want to be a judge that would somehow help the judiciary keep

its integrity. By creating an image that the people can still put their trust in our judicial

system amidst the intrigues that it is facing.

D. Romulo

Being a judge entails a lot of responsibilities. The life of a person may change

depending on the decision that a judge may make. I do not think that my calling is to be


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a judge. Judges need to maintain a certain image with the society due to their position

in the government. They are somehow constricted with what they do because they are

always in the limelight. Also, a higher standard of setting a good example to the public is

expected more from them.

E. Sanson

After hearing the stories and experiences of the judges, through their profession

may sound appealing to me as a law student, I became hesitant in dreaming or aiming

to be a judge. I know that being a judge is hard as it is. But after hearing their

experiences, it made me realize that it is really a tough profession to uphold. One must

obviously be of good moral character and must always be on control of themselves to

be able to be a judge because It requires a high degree of integrity and diligence.

F. Serrano

Judgeship sounds like a lot of responsibility. I think it takes a lifetime of hard work

and continuous legal education in order to keep up with the competency in the

profession. One who aspires to be a judge must prepare himself mentally and physically

to meet all the higher standards of professionalism as well as the compliance with the

judicial ethics. Judgeship for me is the kind of career that takes a lawyer to a whole new

level of legal practice in terms of necessity to have much more wisdom and knowledge

of the profession. Upon learning about the life of a judge based on the group’s interview,


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I think one of the best ways to determine if one is capable of advancing to become a

judge is his devotion and experience as a lawyer. Being a judge is not simply having the

power to decide cases and neither it is an authority to be used for personal gains. Since

they hold a higher position in the judicial office, their role is becomes much tougher

since the public expects more from them than the lawyers.

I personally once aspired to becoming a judge but never really thought much about

it nor did I contemplated well enough on how I would become one. I think it is a kind of a

long-term goal that takes a lot of years of practice in the legal service before one could

weigh in on the possibilities and qualifications. On the other hand, I believe it is the best

opportunity to provide the best service to the public specially on helping our country

preserve the integrity of the judicial branch of the government. It’s like reaching one’s

full potential in the legal profession and having to advance into a higher degree of

learning and service. Judgeship is a profession not just to satisfy one’s career and for

personal fulfillment, it is more of providing life changing moments to the thousands of

people who still believe in due process in this country. As for me, I am positive on

accepting the position of a judge if ever I would be given a chance. Challenges would

surely come along the way but in order to succeed in this endeavor, a judge must stay

true to his duty and just comply with the code of judicial conduct to avoid complications

and instead, earn the hearts of the public. As of the moment, it may a dream far from

reach but every single moment I spend waiting to realize such dream is also an

opportunity to develop my character that would be suitable to be a judge. I would take it

as the highest honor that I could get over my lifetime. But then again, judgeship is not


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just about the prestige of the title, it is more of service to our countrymen accompanied

by much higher expectations.

G. Sevilla

Paradigm Shift: Judging the Judges

It was in 1962 that Thomas Kuhn defined and popularized the concept of

“paradigm shift”. He argues that scientific advancement is not evolutionary, but rather is

a “series of peaceful interludes punctuated by intellectually violent revolutions”, and in

those revolutions “one conceptual world view is replaced by another”. (The Structure of

Scientific Revolution [p.10]). Think of Paradigm shift as a change from one way of

thinking to another. It’s a revolution, a transformation, a sort of metamorphosis. It does

not happen, but rather it is driven by agents of change.

As a noun, a judge is a public officer, lawfully appointed to decide litigated

questions according to law. (Bouvier [1856]). As a verb the term judge generally

describes a process of evaluation and decision. (West's Encyclopedia of American Law,

2nd Ed. [2008]).

In line with tradition in the Judiciary, Judges are expected to live and work in

isolation. They are supposed to shun all previous personal, social and professional

relationships. They are placed and looked-up to at the very pinnacle of the legal

profession, often regarded as unreachable, untouchable and unaffected by any external

factors.


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However, adapting to change is inevitable in the today’s Philippine setting. On

December 8, 2000, the Supreme Court approved the ‘Action Program for Judicial

Reform’. One of its core components is aimed at the transformation of judges – their

persons, educations, values, habits and aptitudes. It includes Mandatory Continuing

Legal Education (MCLE), Computerized Case Management and Tracking, Electronic

Library (e-library) and New Rules of Procedure.

In the present society, to be appointed as a Judge carries with it not only

additional benefits but also a corresponding heavier, though not always burdensome,

responsibility. It is a lawyers dream to be seated and be called as a Honorable Judge,

but not all, carries that goal. One may only be driven to earn money because of the

traditional idea of it being connoted as a very lucrative profession. If we are to delve into

the idea of being a lawyer or judge for this instance, we will see that there is a clear

dichotomy in today’s society. The past concept of lawyering is no longer accurate as of

today, because to become or to be called Attorney or Judge for that matter, is

susceptible of multiple understanding. Before it is for the sake of the oppressed, the

weak and helpless, a lawyer/ judge is willingly to perform his/her functions to carry out

their sworn oaths of delivering justice. Nowadays, justice cannot be seeked fairly, as the

rule of play fair no longer applies. Judges can now be bought by handling over bribes,

so that ‘justice’ can be served. We are not generalizing that every Judge in today’s

society is corrupt. A few still exists that remains unbended from their principle of justice

for the innocent. As from us to be a member of the judiciary is still not an option for the


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very reason that the legal system of the Philippines is very much lacking in some of its

corners.

Code of Conduct

Legal and Judicial education is intended to enhance not only the intellectual

ability of lawyers and magistrates, but also their ethical standards. Thus the court has

adopted for the judiciary the New Code of Judicial Conduct. It was patterned after the

Bangalore Principles of Judicial Conduct (‘Bangalore Draft’), which had been crafted by

the Judicial Group on Strengthening Judicial Integrity, under the aegis of United

Nations. To give teeth to the New Code of Judicial Conduct, the Court has amended

Rule 140 of the Rules of Court, which classifies the nature and the gravity of the

administrative offenses, as well as the sanctions for them, and provides for the proper

conduct of the administrative investigations.

Judges are often charged having no justification; more often than not it always

seemed to be unwarranted. If ever we are to be judges and we are faced with the same

dilemma of being charged groundlessly because of the choices we made, if our point is

right from the very start, we are remain calm and composed and unshaken, as one

judge said “pabayaan mo sila.”

In conclusion, we have been evolving and will continue to do so. Change is

difficult. We resist change; however, the process has been set in motion long ago and

we will continue to co-create our own experience. Kuhn states "awareness is


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prerequisite to all acceptable changes of theory" (The Structure of Scientific Revolution

[p.10]).

It all begins in our minds. What we perceive, whether normal or metanormal,

conscious or unconscious, is subject to the limitations and distortions produced by our

inherited and socially conditional nature. However, we are not restricted by this for we

can change.

H. Siapno

As a kid, I have always dreamed of becoming a lawyer. And when I entered law

school, the appeal of becoming a judge dawned on me and made me realize I wanted

to become a judge too. When I met my professor judges, I was in awe of them so I

wanted to become a judge myself too. I was blinded by the prestige that it will bring to

my name, and I did not think about the consequences that I may face when I become

one.

In the course of our interview with the judges, it got me thinking what I really

wanted to become, if I was up for the job. I know that I do not have the discipline to

keep myself out of those prying eyes of the public. I am still enjoying my childhood and

having fun with the things that I can enjoy while I am young. But since many things can

happen a long the way, I am still keeping my options open, because let’s face it who

does not want to be a judge? For now, I want to find myself and be lead to where my

passion is because as I can see it, these judges are very passionate in what they do. I


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want to find my passion like they found theirs. I want to be fearless in my profession,

only upholding what is just and not to be persuaded of what others think as long as I am

doing what is right. I still would want to become a judge someday, provided that by that

time I am ready to accept the position and render my duties with passion and

conviction. But for now, I will treat these thoughts in my head as desirable difficulties,

which will aid me to become a better person in years to come.

If I were in the shoes of the judges, I will also abide strictly with the canons of the

code of judicial responsibility. As a member of the judiciary, my duty is to the public. I

myself know that my conscience will bother me if I do something illegal because I was

not raised that way by my parents. I was taught in a young age of the values of being a

Christian. I do not have the audacity to do that to people, which entrusted me with their

lives to uphold justice. We are talking of lives that will be lost, although not literally, but

the emotional and psychological aspects of their life and also of their family. I cannot

stand idly by and not do anything with the injustice that they may face because of my

own selfish affairs. When I took such job, I swore to protect and preserve the justice that

belongs to the people.

I. Soriano

I have never imagined myself to become a Judge. I have always wanted to

become a lawyer trained in the field of either corporate or taxation law. I have always

felt that I have a weak heart to handle and make decisions that will involve the life of an


69

individual I do not even know. Also, as I grew up, I have always thought of the negative

image that the judiciary profession in our country upheld.

I also know that being a judge is not easy and is full of temptation. It is a hard

profession because of the well-known fact that there are tons of cases pending before

the judiciary and the trial system in the Philippines is so slow. It is likewise though

because you have to solidify your values and be competent at the same time in every

decision that you make. As the New Code of Judicial Ethics provide, a Judge must

perform judicial duties with honesty and independence in both its individual and official

capacity. In the real word, it is tough because there are several temptations from left

and right. There is bribery, corruption and inducement everywhere. It is likewise hard to

balance professional work affairs with other relationships. As one of the Judges we

interviewed said, “I am a Judge, a wife, a friend but most of all, a mother.”

However, after our court observation and interview with two Judges in the Makati

Hall of Justice, I can now say that, Yes, someday I would like to be a judge, if GOD

provides. The interview we had made me realize that there are still Judges who are true

to their profession, adheres the law, and upholds the prestige of their judicial office. As a

striving law student, they served as an inspiration for me to work harder to achieve my

goal on becoming a lawyer and maybe a Judge someday.

J. Tarucan

Yes. But in this world we can only limit ourselves to predictions which can only

materialize at some point in our lives. You want to become a judge but you can’t exactly


70

be the right kind of judge. Everything legal in our life comes unexpectedly you’d

abandon your promise to yourself to become a judge the moment life offers you

something which is far greater.

So with that said, Yes, I would like to become a judge someday. But I think the

path on becoming one is not as easy as the others. With all the requirements of practice

and nominations before you even get the chance for a glimpse on the prized bench,

everything on judgeship will not materialize unless you are “there”. I think judgeship is a

very valuable profession, considering the weight being put into the shoulders of these

very men whenever they try to decide cases. However, I would not consider it very

appealing at all because of the fact that there are tons of cases pending before the

judiciary now, and talking about the fact that trial in the Philippines is that slow, you’ll

have to spend your life deciding cases that were not even there in the first place.

But that’s the catch when you become a judge. YOU decide cases. You do not defend,

you do not argue, you do not point out things, you do not try to procure evidence. The

lawyers will do it and you get to decide based on those things. You have the almighty

power to either dismiss, or proceed the case. Did I ever imagine myself writing my own

decision? Did I ever imagine myself trying to watch lawyers battle their wits out in front

of me while I sit all day trying to listen to their arguments? Did I ever imagine myself

looking at evidences and saying things like “Overruled!” or maybe “Sustained”? Yes. I

sort of get these kind of feelings when I watch movies inspired by the legal profession.


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In some aspects I think judgeship itself is not all about duties to the court. With

the New Code of Judicial Conduct in place, it comes with responsibilities. As a member

of the “bench” you have to exude some kind of holy aura in which lower people in the

legal profession would perceive as “good” and “just”. There are people who would use

these conduct to right wrongs and I go with those kind of judges who think they can

make changes in this already polluted judicial world. Reality check, I think that there are

lots of these kind of judges living in the Philippines right now. The common scenario of

which is that they would like to make a change, but they are afraid that wanting to

change the corrupt judicial system might make the tides turn against them, destroying

their very own life.

I believe that there are no Codes to be followed in the real world. The New Code

of Judicial Conduct is as good as a guide in making judges what the law wants them to

be, but it is up to the judge himself whether he wants to step to the shoes prepared by

the law for them. If ever I’m faced with the kind of situations faced by the judges, I will

rely on my own sense of justice and understanding. I will not be confided to what is

written in the law although I will follow it because IT is the law. I will acknowledge that

there is are certain procedures under the law to be followed but I will apply my own

sense of values in producing my output. This may seem too cliché of a word or saying

but if ever I become a judge, I will try as hard as I can to not be carried by the corruption

tide. This is somewhat predictable because after all, people change. But for once, I’d

like to remember the fact that I, at some point in my life, tried talking to myself about


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being a judge and wanting to change the “system” we all have been living and suffering

to.


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V. CONCLUSION

i. Becoming a Judge calls for a flawless reputation and the adherence to the

New Code of Judicial Ethics (CJE).

Because of the all-ecompassing and metamorphosing effect of the judiciary on

the lives of our people, there has been an ever-growing call for more transparency on its

part. In response, the doors of the judicial fortress have been partially opened and the

gods have become a bit more accessible. Both their persons and their lives have been

subjected to more rigid public scrutiny.

Verily, the judicial enclave has been invaded by the transparency requirements of

the Constitution, the Ethical Standards Law, the Canons of Judicial Ethics and the New

Code of Judicial Conduct for the Philippine Judiciary.

Our people no longer accept judicial doctrines they do not understand. Neither do

they blindly defer to judgments that rest on unexplained rationale. (Panganiban,

Transparency, Unanimity & Diversity, 2000, p. 57)

Because of its vital role in the life of the nation, the judiciary has become the

focus of many credible developmental agencies. They realize that stability in the rule of

law and predictability in the rendition of decisions are indispensible to investor

confidence and economic development, and ultimately to good governance.


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ii. The exclusive set of problems faced by a Judge in his/her profession,

especially with legal ethics, calls for a distinctive set of solutions.

The magnitude and viciousness of human rights violations in our recent history

have spurred the Court to strengthen then protection of the people’s fundamental rights.

It has been uncompromising in (1) penalizing judges who failed to inform uneducated

accused persons of their rights to counsel(Gamas v. Oco, 2004), (2) annulling lower

court judgments in which the judge failed to conduct a “search inquiry” whenever the

accused had waived their right to be heard and plead guilty to the charge against them

(People v. Besonia, 2004), (3) voiding judgments that do not conform with the

constitutional standards as to form and substance (Velarde v. Social Justice Society,

2004), and (4) extending the protection of the Universal Declaration of Human Rights to

everyone, including aliens (Domingo v. Scheer, 2004).

iii. That in order to thrive in their chosen field without being entangled with the

issue of partiality, they allow certain latitude for establishing their own limitations

as to their activities and also developing ways for preventing their exposure to

the possible external influence or factors which will go against the New Code for

Judicial Ethics.

“The Supreme Court safeguards not only food but also freedom, not only jobs but

also justice, not only indulgences but also integrity, not only development but also

democracy, not only prosperity but also peace.”(Panganiban, Leveling the Playing Field,

2004, p. 59)


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Four Essential Judicial Attributes.

Our Constitution mentions four: competence, integrity, probity, and independence. On

the other hand, the New Code of Judicial Conduct for the Philippine Judiciary, which

took effect on June 1, 2004, speak of independence, integrity, impartiality, proprietary,

equality, competence and diligence. Justice Artemio Panganiban in his book Leadership

by Example (1999) pp. 11-17, encapsulated them into four Ins; namely, integrity,

independence, industry and intelligence.

The first In, integrity goes beyond mere honesty in dealing with fellow human

beings. It is not a mere refusal to tell a falsehood; it encompasses the moral courage to

denounce a wrong and to promote the truth. By the same token, judges must not only

be free of falsehoods; they must also have the moral courage to rid society of those

numbing falsehoods. By their actions and decision, sometimes by their stirring dissents,

they reveal their character and herald the lacerating truth. Integrity also includes

intellectual decency and a deep sense of personal honor, which transcend a desire for

personal acclaim or recognition. Persons of true integrity perform their tasks faithfully,

regardless of whether their work is recognized by others, and whether it leads to their

promotion. Integrity likewise encompasses impartiality. Judges of integrity perform

duties without fear or favor, bias or prejudice. They ensure that their conduct is above

reproach. Imropriety and the appearance of impropriety are essential to the proper

performance of their duties. Thus is their credibility maintained at all times. It goes

without saying that they avoid, as far as possible, any undue social contact and


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unnecessary fellowship with litigants and lawyers.(Panganiban, Leadership by Example,

1999)

The second In is independence. While this attribute refers to both the judicial

institution and to the person of the judge, we shall speak only of the latter. Judges

decide litigations only on the basis of the rational relationship between the law and the

facts, free from any extraneous influence. They should not allow the “ships” that plague

public service – kinships, relationships, friendships and fellowship – to interfere in their

judgments. Independence requires the men and women who wear the robes to be free

not only of mental and intellectual biases, but also of emotional baggage brought about

by a misplaced sense of gratitude to the appointing authority. (Panganiban, Leadership

by Example, 1999)

Industry, the third In of a good judge, demands a personal passion for work, not

only during office hours but also in the evenings and the early mornings when – free

from the hustle and bustle of the office and trial routines – judges find the solitude to

wrestle with their consciences; to pray and to gather courage to accord what is due

every person, pursuant to the letter and spirit of the law, regardless of personal

consequences.(Panganiban, Leadership by Example, 1999)

The fourth In, intelligence, refers to both knowledge and wisdom. Judges must master

the law. To earn the respect of lawyers and litigants, they must be able to preside

authoritatively over the trials and rule reasonably well on fine points of law and evidence

brought before their courts. Intelligence may be equated with excellence, which in turn


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demands mastery of our chosen vocation and familiarity with all branches of knowledge.

Simply put, it means knowing everything about something and something about

everything.(Panganiban, Leadership by Example, 1999)

Importance of pumping up Legal Ethics in law school to go hand in hand with the high

academic requirements set forth.

1. To encourage to continue with their habits of excellence

2. To inspire others to aspire for excellence

3. To formulate an action plan to promote excellence in the entire judiciary

But excellence is not enough. We believe there are at least two other qualities

that we must possess: ethics and eternity. Those aspiring to be included in the judicial

“who’s who” must rigorously follow the Canons of Judicial Ethics and the New Code of

Judicial Conduct for the Philippine Judiciary. Indeed, we are expected to be epitomes of

integrity, courage, fidelity, prudence and selflessness.

Ethics Campaign: The Supreme Court must use their influence to lawyers, judges, court

personnel and law students alike.

Ethics embraces, among others, fairness, candor and integrity in the personal

and professional lives of lawyers.


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Fairness means not only merely fighting for an even-handed treatment of one’s

cause and case. It extends to a refusal to take undue advantage of the other side, being

honorable in battle, and being scrupulous in the choice of legal weapons.(Panganiban,

Judicial Renaisance, 2005, pp. 217-218)

Candor refers to straightforwardness or forthrightness in admitting a weakness or

even an error. Some lawyers are too proud to admit a mistake. There are also lawyers

who insist on equating the ratio decidendi of a decision with a mere obiter dictum.

Credibility goes up when a lawyer frankly admits that a statement in a decision is a

mere obiter and may not be binding. And respect rises even more when the learned

counsel explains why the obiter makes sense and should anyway be adopted as a

doctrine. But nothing erodes a lawyer’s credibility more than the deliberate misquoting

of a decision or, worse, the omission of certain words or sentences that qualify or

restrict the sense of a ruling. A candid lawyer is a humble person – not only one who is

not afraid to admit an error or shortcoming, but also one who rises from a mistake and

more than makes up for it the next time around.(Panganiban, Judicial Renaisance,

2005, pp. 218-219)

By integrity, refers to honesty and truthfulness. A person with integrity acts in

accordance with what is true and honest regardless of personal consequences. To act

with integrity is to act with moral courage. It involves not only bravery in theoretical

battle but also, a priori, purity of spirit and clarity of conscience. For only one who is

pure of heart and clear of mind can act with integrity. Integrity demands not only moral

courage in denouncing the corrupt and the incompetent; it also calls for initiative in


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defending the decent and the component from malicious, unreasonable and scurrilous

attacks.(Panganiban, Judicial Renaisance, 2005, pp. 219-220)


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APPENDIX

REFERENCES/SOURCES:

" BOOKS: Agpalo, R. (2009). The Legal and Judicial Ethics (Eight Edition). Quezon City,

Philippines: Rex Printing Company, Inc.

(RET.) Justice Artemio Panganiban. (1999). Leadership by Example.

(RET.) Justice Artemio Panganiban. (2000). Transparency, Unanimity & Diversity.

(RET.) Justice Artemio Panganiban. (2004). Leveling the Playing Field.

(RET.) Justice Artemio Panganiban. (2005). Judicial Renaissance. The Supreme Court

Printing Press.

" CASES:

Gamas V. Oco (2004)

People V. Besonia (2004)

Velarde V. Social Justice Society (2004)

Domingo V. Scheer (2004)

Tan vs Pacuribot (A.M. No. RTJ-06-1982, December 14, 2007)

Decena vs Judge Malanyaon (A.M. No. RTJ- 10- 2217, April 8, 2013)

Inoturan vs Judge Limsiaco (A.M. No. MTJ-01-1362, February 22, 2011),

Anonymous vs Judge Achas (A.M. No. MTJ- 11- 1801, February 27, 2013)


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" JOURNAL:

ABA-Asia Law Initiative. (2007). The New Philippine Code of Judicial Conduct (Annotated). USAID: U.S. Agency for International Development Philippines Mission, under the terms of the Cooperative Agreement No. 492-A-00-03-00018-00

Elliott, Gary. (2008) Philippine Graft and Corruption. Retrieved from https://suite101.com/a/philippine-graft-and-corruption-a44148

Moratalla, Nelson Nogot. (n.d.) Graft and Corruption: The Philippine Experience, (Resource Material Series No. 56) Retrieved from http://unpan1.un.org/intradoc/groups/public/documents/apcity/unpan019122.pdf

PCTC. (n.d.). PCTC Paper on Graft and Corruption. Retrieved from http://www.pctc.gov.ph/papers/graft.htm

Philippine Judges Association. (n.d.). Judges Exempted From The Number Coding Scheme. Retrieved from http://philippinejudgesassociation.webs.com/PJA%20Web/salient.html

Puno, Reynato S. (2005). New Philippine Code of Judicial Conduct. http://jrn21.judiciary.gov.ph/forum_icsjr/ICSJR_Philippines%20(R%20Puno).pdf

Tacloban Hotels. (2013). Corruption in the Philippines. Retrieved from http://taclobanhotels.com/CORRUPTION-IN-THE-PHILIPPINES.htm

Transparency International. (2007). Global Corruption Report 2007. Cambridge University Press: Edinburgh Building, Cambridge.

" LAWS/RESOLUTIONS

Batas Pambansa bilang 129

Republic Act No. 9946 - An Act Granting Additional Retirement. Survivorship, And Other Benefits To Members Of The Judiciary, Amending For The Purpose Republic Act No. 910, As Amended, Providing Funds Therefor And For Other Purposes

Rules of Court

The 1987 Constitution of the Republic of the Philippines.


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The New Civil Code

The New Code of Judicial Conduct

" NEWSPAPER ARTICLE/S:

Rappler. (2012, May 29). Corona Found Guilty, Removed From Office. Retrieved from http://www.rappler.com/nation/special-coverage/corona-trial/6099-corona-found-guilty

" OTHER ONLINE SOURCES:

Merriam-Webster Online Dictionary. (2014) “Judge”. Retrieved from http://www.merriam-webster.com/dictionary/judge

Oxford Dictionary. (2014.). “Judge”. Retrieved from http://www.oxforddictionaries.com/us/definition/american_english/judge


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GROUP PHOTOS

INTERVIEW WITH JUDGES

With Judge Gina Palamos


84

With Judge Isnani Taken at RTC-Makati


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BRAINSTORMING


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PALE - Final Paper

Documents

Transcript of PALE - Final Paper