JUDICIAL ETHICS – branch of moral science which treats of the right and proper conduct to be
observed by all judges in trying and deciding controversies brought before them for adjudication
which conduct must be demonstrative of impartiality, integrity, competence, independence, and
freedom from improprieties.
Sources of Judicial Ethics:
1. Code of Judicial Conduct
2. Constitution (Art VIII, Art IX and Art III)
3. New Civil Code (Articles 9, 20, 27, 32, 35, 739,1491,2005,2035,2046)
4. Revised Rules of Court(Rules71,135,137,139B,140)
5. Revised Penal Code (Articles 204,205,206,207)
6. Anti-Graft and Corrupt Practices Act (RA 3019)
7. Canons of Judicial Ethics (Adm. Order No. 162)
8. Code of Professional Responsibility
9. Judiciary Act of 1948 (RA 296)
10. Judiciary Reorganization Act of 1930 (8P129)
11. Supreme Court Decisions
12. Foreign Decisions
13. Opinions of authorities
14. Other Statutes
15. SC Circulars
• Court - a board or other tribunal which decides litigation or contest. A court may exist without a
judge.
• Judge - a public officer who, by virtue of his office, is clothed with judicial authority. A public officer
lawfully appointed to decide litigated questions in accordance with law. This refers to persons only.
There may be a judge without a court.
.
• De jure judge - one who is exercising the office of judge as a matter of right, an officer of a court
who has been duly and legally elected or appointed and whose term has not expired. An officer of
the law fully vested with all of the powers and functions conceded under the law to a judge, which
relate to the administration of justice within the jurisdiction over which he presides
• De facto judge - a judge who in good faith continues to act and is recognized by common error
after the abolition of his court by statute is deemed judge de facto of the new court which succeeds
to the jurisdiction of that presided over by him. An officer who is not fully vested with all the powers
and duties. conceded to judges, but is exercising the office of a judge under some color of right.
• Qualifications to be Supreme Court Members:
1. Natural born citizen of the Philippines
2. At least 40 years of age
3. Must have been at least for 15 years, a judge of a lower court or engaged in the
practice of law (Sec. 7(2), Art. VIII, 1987 Constitution)
Qualifications to be Judges:
1. Citizen of the Philippines
2. Member of the Bar (Sec. 7(2), Art. VIII, 1987 Constitution)
3. Must be a person of proven competence, integrity, probity and independence
Qualifications of Justices and Judges under the Judiciary Reorganization Act of 1980 (B.P.
129):
1. Presiding Justice and Associate Justices of the Court of Appeals shall have the same
qualifications as those provided in the Constitution, for Justices of the Supreme Court (Sec. 5)
2. RTC judges shall be natural born citizens of the Philippines, at least 35 years 0 age and for at
least ten years, has been engaged 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 (Sec. 15).
3. MTC judges shall be natural born citizens of the Philippines, at least 30 years of age, and for at
least five years, has been engaged 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.
New Code of Judicial Conduct for the Philippine Judiciary
Canon 1 INDEPENDENCE
Judicial independence is a pre-requisite to the rule of law and a fundamental guarantee of a fair trial.
A judge shall therefore uphold and exemplify judicial independence in both its individual and
institutional aspects.
CANON 2 INTEGRITY
Integrity is essential not only to the proper discharge of the judicial office but also to the personal
demeanor of judges.
CANON 3 IMPARTIALITY
Impartiality is essential to the proper discharge of the judicial office. It applies not only to the decision
itself but also to the process by which the decision is made.
CANON 4 PROPRIETY
Propriety and the appearance of propriety are essential to the performance of all the activities of a
judge.
CANON 5 EQUALITY
Ensuring equality of treatment to all before the courts is essential to the due performance of the
judicial office.
CANON 6 COMPETENCE AND DILIGENCE
Competence and diligence are prerequisites to the due performance of judicial office.
