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Qualifying to the Bench Members of the Supreme Court and appellate courts(Sec.7(1), Art. VIII, Constitution): natural born citizens S.C. Justices: 40 years old, 15 years as judge or in practice of law in the Philippines 2. Members of the lower courts (RTC and first level courts) Sec. 7(2), Art. VIII, Constitution, Filipino citizen(can be natural born or naturalized) Common qualifications for all members of the judiciary: A person of proven COMPETENCE, INTEGRITY, PROBITY and INDEPENDENCE. Term of Office: shall hold office during GOOD behavior until they reach 70 years old or they become incapacitated to discharge their duties. Manner of Selection and Appointment of members of the Judiciary The Judicial and Bar Council (Sec. 8, Art. VIII, Constitution) Chief Justice as ex officio Chairman Composition of JBC: DOJ Sec and representative as ex officio members and a representative of IBP, a professor of law, a retired member of the S.C. and a representative of the private sector Powers: Recommend appointees to the President and such other duties and functions SC may assign.

Discipline of appellate justices and lower court judges: Sec. 11, Art. VIII, Constitution Vote required to dismiss a member of the judiciary: majority of SC justices who took part in the deliberations and voted thereon. Constitutional Proscriptions on Members of the Judiciary: 1. Prohibition on practice of profession 2. Prescriptive duty to resolve cases: (Sec. 15(1), Art. VIII, Constitution) Supreme Court: 24 months Collegiate appellate courts: 12 months All other lower courts: 3 months 3. Dedicated service to the judiciary (Sec. 12, Art. VIII, Constitution) 4. SALN requirement (Sec. 17, Art. XVII, Constitution) 5. Allegiance to the Philippine government (Sec. 12, Art. VIII, Constitution) 6. Jurisprudence being part of the law of the land, no decision shall be rendered by any court without expressing therein clearly and distinctly the facts and law on which it is based. (Sec. 14, Art. VIII, Constitution) Ethical Standards for the members of the bench Canons of Judicial Conduct (A.M. 03-05-01- S.C. effective June 1, 2004) Canon 1 A judge shall the dignity and independence of the Court. Two aspects: institutional independence and personal independence What is expected: To discharge their functions based solely on a fair assessment of the facts and invoking the appropriate provision of the law; cloaking themselves from any influence Talens-Dabon v. Arceo( A.M. RTJ-96-1396, July 25, 1996) The integrity of the judiciary rests not only upon the fact that it is able to administer justice but also upon the perception and confidence of the community that the people who run the system have done justice. Judges must not only be proficient in substantive and procedural aspects of the law but must possess the highest integrity, probity and unquestionable uprightness. Canon 2 A judge should avoid impropriety and the appearance of impropriety in all activities. Dawa, et al v. De Asa MTJ-98-1144, July 22, 1998 Judge De Asa was dismissed from service for repeatedly subjecting his female employees to sexual harassment. A judge must not only appear as a good judge but also a good person.

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Term of Office of JBC members: 4 years Application/Nomination with conformity Publication of Vacancy; Deadline for submission Submission of documentary requirements including psychological examination Validation of information submitted Publication of names of qualified applicants/nominees; Date of interview Submission of shortlist of nominees to the President All appointments to the judiciary do not need any confirmation by the Commission on Appointments (Sec. 9, Art. VIII, Constitution) Any vacancy in the S.C. must be filled within 90 days from occurrence thereof. (Sec. 4(1), Art. VIII, Constitution) For lower courts, the President shall issue the appointments within 90 days from the submission of the shortlist. (Sec. 9, Art. VIII, Constitution) Removal of S.C. justices: Impeachment, grounds, proceedings (Sec. 2, Art. XI, Constitution); one third vote of all HOR members to affirm the Articles of Impeachment; and two thirds vote of all members of the Senate to convict

Alfonso v. Juanson(RTJ-92-904, December 7, 19993) A judge who continues to meet complainants wife despite knowledge that he was also suspecting an illicit relationship between the judge and his wife is guilty of indiscretion. Co v. Calimag, Jr. , A.M. RTJ-99-1493, June 20, 2000 A judge who personally furnishes copies of orders issued is highly irregular, giving rise to the suspicion that the judge is partial. In Re: Justice Anacleto D. Badoy (A.M. No. 01-12-01-SC, January 16, 2000) By going to GMA-7 in an ambulance and presenting himself for an interview over the plunder case against ERAP, the justice was found guilty of conduct unbecoming of a justice. Canon 3 A judge should perform official duties honestly, and with impartiality and diligence. De la Cruz v. Concepcion, A.M. RTJ-93-1062, August 25, 1994 To constitute gross ignorance of the law, the subject decision, order or actuation of the judge must not only be contrary to law and jurisprudence but must be moved by bad faith, fraud dishonesty or corruption. Meris v. Ofilada, A.M. RTJ-97-1390, August 5, 1998 Respondent judge was dismissed from service for the unseemly haste with which the respondent judge granted the motions filed by the accused to quash search warrant ex parte and for grant of bail. 1. 2. 3. 4. Administrative Responsibilities: Competence in court management; supervision over court personnel Ensuring the high standards of public service and fidelity Initiate action against court personnel and lawyers for inappropriate behavior Avoid nepotism and favoritism in the appointment of commissioners, receivers, trustees, guardians, administrators and others.

5. Where the judges spouse, or child has a financial interest, as heir, legatee, creditor, fiduciary or otherwise, in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding. Remittal of Disqualification The judge may disclose on record the basis of disqualification and if, based on such disclosure, the parties and the lawyers all agree in writing that the inhibition is immaterial, the judge may then participate in the proceeding. Canon 4 A judge may, with due regard to official duties, engage in activities to improve the law, the legal system and the administration of justice. What may be allowed: 1. speak, write, lecture, teach or participate in activities concerning the law, the legal system and the administration of justice. 2. Appear at public hearing before a legislative or executive body on matters concerning the law, the legal system or the administration of justice and otherwise consult with them on matters related to it. 3. Serve in an organization devoted to the improvement of the law, the legal system or the administration of justice. Albos v. Alaba, A.M. MTJ-91-517, March 11, 1994 A judge cannot be said to have been completely out of line in conducting lectures to various barangay units on the rudiments of barangay law. However, judges must not allow themselves to be distracted from their judicial tasks which remain at all times to be their foremost and overrriding concern. Canon 5 A judge should regulate his extra-judicial activities to minimize the risk of conflict with judicial duties. 1. 2. 3. 4. What may be allowed under Canon 5: Write, lecture, teach and speak on non-legal subjects Engage in the arts, sports and other special recreational activities. Participate in civic and charitable activities. Serve as an officer, director, trustee or non- legal advisor of a non-profit or non political, educational, religious, charitable, fraternal or civic organization. Limitations under Canon 5: Financial activities Fiduciary activities Practice of law and other profession Financial disclosure (SALN) Extra-judicial appointments

Disqualifications in the following cases: 1. Where he has personal knowledge of disputed evidentiary facts; 2. Where he served as executor, administrator, guardian, trustee or lawyer in the case or a former associate of the judge served as counsel in their association, or the judge was a material witness therein Disqualifications in the following cases: 3. Where the judges ruling in a lower court is the subject of review. 4. Where the judge is related by consanguinity or affinity or a party litigant within the 6th degree or to counsel within the 4th degree.

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6. Political activities Canon 6 Duty to exhibit competence and diligence In the discharge of his duties, the judge must exhibit competence and knowledge of the law . Diligence exacts from the judge a thorough appreciation of the facts and evidence presented during trail and his proper application of the law in resolving issues before the court. Biggel v. Pamintuan, RTJ-08-2101, 559 SCRA 344 A judge was fined P20,000 for not resolving a Motion for Reconsideration for 4 months. Panginilanan v. Jaungue, A.M. RTJ -08-2100, 543 SCRA 251 A judge was suspended for 6 months without pay for serious misconduct, gross inefficiency and gross neglect of duty. He was not in his station and did not file a leave of absence; he issued an order without his signature; he misinterpreted a COMELEC resolution. Bayaca v. Ramos, A.M. MTJ 07-1676, 577 SCRA 93 Judge Ramos found Bayaca guilty and sentenced him to imprisonment and to pay the offended party a civil liability. The appellate court modified the judgment by imposing fine only. Despite the finality of the modified judgment, Judge Ramos ordered the arrest of Bayaca. This precipitated the filing of the administrative complaint against the judge. The Supreme Court found the judge guilty of gross negligence in issuing the warrant against the complainant, for giving him P250,000 when the complaint was filed to pressure him to withdraw the case and for giving him P500,000 for actually withdrawing the case. No penalty was imposed upon Judge Ramos because he died during the pendency of the case.