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SECTION 2: The behavior and conduct of judges must reaffirm the people’s faith in the integrity of the

judiciary. Justice must not merely be done but must also be seen to be done.

ILLUSTRATIONS OF VIOLATIONS OF THIS SECTION:

1. Sexual harassment upon his court employees by forcibly kissing them (Dawa v. Judge De Asa,
A.M No. MTJ-98-1144, July 22, 1998– dismissed from the service)
2. Maintaining a mistress and bringing such mistress in functions attended by other judges (In re
Judge Ferdinand J. Marcos, A.M No. 97-253-RTC, July 6,2001[380 SCRA 539]– dismissed from the
service)
3. Asking intimidating questions while in an inebriated or drunken state during a party of a
municipality (Lachica v. Flordeliza, A.M No. MTJ-9-921, March 4,1996,[254 SCRA 278])
4. Habitually gambling and frequenting casinos and cockpits (City of Tagbilaran v. Hontanosas, A.M
No. MTJ-98-1169, November 29,2002 [375 SCRA 1] The judge’s argument that he only played
slot machines was not accepted as such machines were also for gambling.
5. Having sexual intercourse with a 15year old minor (Judge Naval v. Judge Panday et al., A.M No.
RTJ-95-1283, July 21,1997 – dismissed from service)
6. Punching a fellow judge in the face after a disagreement over the use of an office table (Judge
Alumbres v. Judge Caoibes, A.M No. RTJ-99-1431, January 23,2002)

EXAMPLES DEMONSTRATING LACK OF INTEGRITY:

1. Conducting in-chambers sessions without the presence of the other party and his counsel
2. Making the courtroom as a gambling place
3. Judge who practices law
4. Maliciously kissing his female subordinates
5. Habitual tardiness which amounts to serious misconduct and inefficiency
6. Slapping court personnel; and
7. Non-payment of just debt (PINEDA, supra at 67-68)

ADDITIONAL CASES ILLUSTRATING VIOLATIONS OF THIS SECTION:

1. Office of the Court of Administrator v. Judge Florentino Floro, A.M No. RTJ-99-1460,March
31,2006

A judge should not seek publicity for personal vainglory. Circulating calling cards containing self-
laudatory statements in open court constitutes simple misconduct. Announcing in open court his
qualifications is likewise violative of Canon 2 of the code of Judicial Conduct. Judges should not use
the courtroom as a platform for announcing their qualifications especially before lawyers and
litigants who might interpret such publicity as a sign of insecurity.

2. Anonymous v. Judge Achas, A.M No. MTJ-11-1801, February 27, 2003

It is not commendable, proper or moral for a judge to be perceived as going out with a woman not
his wife. Such is a blemish to his integrity and propriety, as well as to that of the Judiciary. No
position demands greater moral righteousness and uprightness from its occupant than does the
judicial office. His personal behavior 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 demanding act of a judge degrades the institution he represents.

3. Patricio Junio v. Judge Pedro Rivera, A.M No. MTJ-91-565, August 30,1993

More than simply projecting an image of probity, a judge must not only appear to be a “good
judge”; he must also appear to be a “good person”. This must be so at all times.

4. Sibayan-Joaquin v. Javellana, A.M No. RTJ-00-1601, November 13, 2001

Because appearance is as important as reality in the performance of judicial functions, a judge must
not only be pure but also be beyond suspicion. A judge has the duty to not only render a just and
impartial decision, but also render it in such a manner as to be free from any suspicion as to its
fairness and impartiality, and also as to the judge’s integrity. While judges should process
proficiency in law in order that they can completely construe and enforce the law,it is more
important that they should act and behave in such a manner that the parties before them should
have confidence in their impartiality.

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