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"..

a judge's official conduct and his behavior in the performance of judicial


duties should be free from the appearance of impropriety and must be
beyond reproach. One who occupies an exalted position in the
administration of justice must pay a high price for the honor bestowed
upon him, for his private as well as his official conduct must at all times be
free from the appearance of impropriety. Because appearance is as
important as reality in the performance of judicial functions, like Caesar's
wife, a judge must not only be pure but also beyond suspicion.xxx"

-Joaquin vs. Javellana [A.M. No. RTJ-00-1601. November 13, 2001]

CANON 4
PROPRIETY

SEC. 12. Judges may form or join associations of judges or participate in other
organizations representing the interests of judges.

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.
Rule 4.01 A judge may, to the extent that the following activities do not impair the
performance of judicial duties or case doubt on the judges impartiality:
1. a. speak, write, lecture, teach or participate in activities concerning the law, the legal
system and the administration of justice;
2. b. appear at a 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 concerning the administration of justice;
3. c. serve on any organization devoted to the improvement of the law, the legal system or
the administration of justice.
Decision to engage in these activities depends upon the sound judgement of the judge.
If has not enough time to spare (such as when caseload is too heavy) prudence dictates, he
must concentrate on his judicial duties.
If a judge has time to spare, the best attitude to take is to participate in activities which are
closely related to the performance of his duties and which do not consume much of his time and
energy.

https://lawphilreviewer.wordpress.com/tag/legal-ethics-code-of-judicial-conduct/

Futhermore, in the preamble of the Code of Judicial conduct states that An


honourable, competent and independent judiciary exists to administer justice and
thus promote the unity of the country, the stability of government, and the well
being of the people. It capsulized what judiciary should be (Legal and Judicial
Ethics 2009, page 606, Agpalo). Its primary objective is to promote justice fairly,
impartially and promptly.
It is not necessary to the proper performance of judicial duty that a judge should
live in retirement or seclusion; it is desirable that so far, as the reasonable attention
to the completion of his work will permit, he continue to mingle in social intercourse,
and that he should not discontinue his interest in or appearance at meetings of
members of the bar.(18.08, Judges demeanor in social functions, pg 613, agpalo
2009)
SEC. 13. Judges and members of their families shall neither ask for, nor accept, any
gift, bequest, loan or favor in relation to anything done or to be done or omitted to
be done by him or her in connection with the performance of judicial duties.
Judges family includes a judges spouse, son, daughter, son-in-law, daughter-inlaw,
and any other relative by consanguinity or affinity within the sixth civil degree, or person
who is a companion or employee of the judge and who lives in the judges household.
http://philippinecasedigests.blogspot.com/p/backgrounder-new-code-of-judicial.html
Page 607 chapter 18.05: states that the Judges assumption of judicial office casts
upon him duties and restrictions peculiar to his position. Generally, a judge should
be conscientious, studious, thorough, courteous, patient, punctual, just, IMPARTIAL,
fearless of public clamour and , regardless of private influence, should administer
justice according to law and should deal with the patronage of public trust; Hence,
being impartial of judges is a crucial part of their work because it is their main goal
to administer the proper justice. If judges accepts monetary gifts, or any gifts
coming from litigants or parties that would in favour in relation to its case, it would
be contrary to its duty which is the administration of justice.
The conduct and behaviour of everyone connected with an office charged with the
dispensation of justice is circumscribed with the heavy burden of responsibility. His
conduct at all times must be characterized by propriety and must be above
suspicion. He must be free of even a whiff of impropriety, not only with respect to
the performance of his judicial duties, but also his behaviour outside the courtroom
and as individual.
Hennce, it is improper of a judge to meet privately with the accused without the
presence of complainant. His privately meeting with a litigant in a resort
undermines the peoples faith and confidence in the judiciary. (18.06, avoiding
impropriety of appearance thereof, pg 611, agpalo 2009).

SEC. 14. Judges shall not knowingly permit court staff or others subject to their
influence, direction or authority, to ask for, or accept, any gift, bequest, loan or
favor in relation to anything done or to be done or omitted to be done in connection
with their duties or functions.
With respect to his sala, he is the head of the office tasked with supervising the
employees who by their functions are to assist him in the performance of his judicial
duties. He should organize his court with a view to prompt and convenient dispatch
of iits business and should not tolerate abuses and neglect clerk, sheriffs and other
assistants. As to his employees, he must be a good manager and a leader. One
cannot be a good leader unless he knows himself and his obejectives. His conduct
and example must create an atmosphere of cordiality conductive to industry,
dedication and commitment to excellence. (18.05, pg. 609, apalo)
The conduct and behaviour of everyone connected with the dispensation of justice
from the presiding judge to the lowest clerk should be circumscribed with the heavy
burden of responsibility. The Conduct of judges and court personnel at all times not
only be characterized by propriety and decorum but must also be above suspicion.
A judge should make this principle his guiding faith. (18.05, pg. 609, apalo)
CODE OF CONDUCT FOR COURT PERSONNEL
SCOPE
SECTION 1. This Code of Conduct for Court Personnel shall apply to all personnel in
the judiciary who are not justices or judges. Court personnel who are no longer
employed in the Judiciary but who acquired, while still so employed, confidential
information as defined in the second paragraph of Section 1 of Canon II on
Confidentiality are subject to Section 4 thereof.
CANON I
FIDELITY TO DUTY
SECTION 1. Court personnel shall not use their official position to secure
unwarranted benefits, privileges or exemptions for themselves or for others.
SECTION 2. Court personnel shall not solicit or accept any gift, favor or benefit
based on any or explicit understanding that such gift, favor or benefit shall influence
their official actions.
SECTION 3. Court personnel shall not discriminate by dispensing special favors to
anyone. They shall not allow kinship, rank, position or favors from any party to
influence their official acts or duties.
SECTION 4. Court personnel shall not accept any fee or remuneration beyond what
they receive or are entitled to in their official capacity.
SECTION 5. Court personnel shall use the resources, property and funds under their
official custody in a judicious manner and solely in accordance with the prescribed
statutory and regulatory guidelines or procedures.
SEC. 15. Subject to law and to any legal requirements of public disclosure, judges
may receive a token gift, award or benefit as appropriate to the occasion on which it
is made, provided that such gift, award or benefit might not reasonably be
perceived as intended to influence the judge in the performance of judicial duties or
otherwise give rise to an appearance of partiality.

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