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MANDATORY CONTINUING LEGAL EDUCATION (MCLE)

All members of the shall complete a mandatory continuing legal education.It is conducted every 3 years for at least 36 hours.

Composed of 5 members:

Chairman is a retired Justice of the SC4 members nomitated by:

IBPPhil. Judicial AcademyLaw Center designated by the SCAssociations of law school and professors.

EXEMPTED FROM MCLE:

1. The President, VP and Secretaries and Undersecretaries of the executive Departments

2. Senators and Members of the House of Representatives.

3. The Chief justice and associate justices of the SC, incumbent and retired justices of the judiciary, incumbent members of the JBC, Incumbent Court lawyers covered by the PhilJA program of continuing education

4. The chief State Counsel, The Chief State Prosecutor and Assistant Secretaries of the DOJ

5. The Solicitor General and the Assistant SolGen

6. The Government corporate Counsel, Deputy and assistant Government Corporate Counsel

7. The chairman and Members of the constitutional commissions8. Ombudsman, Overall Deputy Ombudsman, Deputy Ombudsman and the

Special Prosecutor of the Office of the Ombudsman

9. Heads of Government Agencies exercising quasi-judicial functions

10. Incumbent deans, bar reviewers, professors of law who have teaching experience for the last 10 years in accredited school

11.Chancellor, Vice-chancellor and members of the Corps of Professional Lecturers of the PhilJA

12.Governors and mayors

13.Those who are not in law practive, private or public

14.Those who have retired from the practice of law with approval from the IBPboard of Governors

CONSTITUTIONAL COMMISSIONS

1. Civil Service Commission2. COMELEC3. COA4. Commission on Human Rights

DEPARTMENTS EXERCISING QUASI-JUDICIAL FUNCTIONS

An administrative agency is a body of government created by a legislature and charged with supervision and regulation of a particular area of governmental concern. Part of the regulatory power given to an administrative agency is the power of adjudication. 

Quasi-judicial activity is limited to the issues that concern the particular administrative agency

Example is the NLRC

Judicial and Bar Council (JBC)

Recommends appointees to the vacant positions in the SC and lower courts. Appointed by the president for 4 years, they need consent from CA

COMPOSITION:

1. Chief Justice ex-oficio chairman2. Secretary of Justice ex-oficio member3. Representative from Congress ex-oficio member4. Representative from the IBP5. Representative from the Private Sector6. Professor of Law7. Retired SC Justice

DEFINITIONS:

Jurats Refersto sworn statements or affidavits

AcknowledgmentRefers to transfers or conveyance of title from one person to another

Chief State CounselRefers to cases civil in matter

Chief State ProsecutorRefers to criminal cases

JUDICIAL ETHICS

The branch of moral science which treats the rights and duties of members of the judiciary in his or her dealings with the court, the bar and bench, court employees and the public and community at large.

QUALIFICATIONS :

1. SUPREME COURT AND COURT OF APPEALS

1. Natural- born Citizen2. At least 40 years of age3. at least 15 years of experience as a Judge of Lower Courts or engaged

in the practice of law4. Of proven competence, integrity, probity and independence

2. JUDGES OF RTC

1. Natural- born Citizen2. At least 35 years of age3. at least 10 years of engaged in the practice of law or held a public

office in the Philippines requiring for its admission being a member of the bar as an indispensable requisite.

3. JUDGES OF MUNIIPAL CIRCUIT COURT (MCC)

1. Natural- born Citizen2. At least 30 years of age3. at least 5 years of engaged in the practice of law or held a public office

in the Philippines requiring for its admission being a member of the bar as an indispensable requisite.

SOURCES OF THE CODE OF JUDICIAL CONDUCT:

1. Canons of Judicial Ethic2. American Bar Association’s Code of Judicial Conduct3. 1987 Constitution\4. Rules of Courts5. Special Laws6. Jurisprudence7. Supreme Court Circulars and Orders

CANONS OF JUDICIAL ETHIC(i3PEC)

1. INDEPENDENCE2. INTEGRITY3. IMPARTIALITY4. PROPRIETY5. EQUALITY6. COMPETENCE AND DILIGENCE

CODE OF JUDICIAL CONDUCT

Published last April 27, 2004, this serves as the guide for judges in the conduct of their functions as well as in their private lives in general. Violations of the canons contained in the code allows Supreme Court to sanction judges administratively.

CANON 1. INDEPENDENCE

1. Exercise judicial functions independently on the basis of their facts and

understanding of the law, free from influence, inducement, pressure and threat.

2. Independent from judicial colleagues in respect to their decisions

3. Refrain from influencing in any manner the outcome of case or dispute pending in another court.

4. Not allow family relations to influence judgment

5. Free from relations with executive and legislative branches of government.

6. Independent in relation to society in general and in parties to a dispute which he is assigned to decide on.

7. Encourage and uphold safeguards for discharge of duties to maintain independence

8. Exhibit and promote high standards of conduct to reinforce public confidence.

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NOTES:

1. This requires judges to ignore public opinions and comments of issues for or against a case pending before them.

2. They should be free from all pressures of society in their judicial functions.

3. They cannot consult or interfere with functions of other judges regardless of jurisdiction when it comes to Judicial Functions.

However, they can interfere and meet with other judges provided:a. the purpose is merely an academic one and does not involve

surrendering their independence.

b. the function involves administrative functions.

4. A judge should avoid becoming dependent upon other parties, especially if the party is a public official from another branch of government, for his basic needs. Mere congeniality may not be unethical, but it may give the appearance of impropriety.

5. Memberships in organizations and civic organizations are allowed provided it does not interfere with his judicial duties.

6. The first duty of a judge is to conduct themselves at all times in a manner that is beyond reproach.

COMMON SOURCES OF PRESSURE:

1. Family members2. Friends3. associates4. Political Leaders5. Media6. Militant Groups

COURT STAFFIncludes personal staff of judges such as law clerks

JUDGEAny person exercising judicial functions, however designated.

JUDGE’S FAMILYThis term refers to a judge’s :

spouse, children, in-laws and other relatives by affinity or consanguinity up to the 6th civil degree.

It also includes :

companions or employees of the judge living in his household.

If these are parties to a case, inhibition is mandatory.

CLERK OF COURT

This is the custodian of records of the court and maintains the affairs of the court as delegated by the judge.

If a clerk of court losses records under his custody, he is liable for infidelity in the custody of documents.

IMMUNITY FROM SUIT

Judges cannot be charged civilly or criminally in line with their duty. They are not liable for any decisions made in the performance of their functions from the injured or losing party. There is the presumption of regularity in their action in performing their duty.

However, they may be liable if the have knowingly rendered false judgment upon a party.

RULES ON PERFORMING NOTARY PUBLIC SERVICES BY A JUDGE:

1. They can perform notary public functions only in ex-oficio capacity, not as a private notary public.

If in is for jurats, there are no charges. But for acknowledgments, there is a fund which will be in favor of the court for its upkeep.

2. They can perform NP functions if there are no NP in the area they serve.

CANON 2. INTEGRITY

1. Conduct above reproach, perceived to be so of a reasonable observer.

2. Behavior and conduct reaffirm people’s faith in the integrity of the judiciary.

3. Initiate disciplinary measures against lawyers for unprofessional conduct which judge is aware.

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NOTES:

1. MORAL INTEGRITY IS REQUIRED, both in official duties as well as in private lives.

2. They must render a decision which is free from the appearance of impropriety and must be beyond reproach.

3. Decisions must be efficient and prompt in the administration of justice as well as supervisory and administrative functions.

4. Mere acquaintance with other lawyers are allowed, it is FRATERNIZING that is discouraged.

Grounds against professional integrity:

1. Demanding or accepting bribes2. Fraternizing with litigants or lawyers3. Delay in Rendering Service4. Altering Orders5. Sexual Harassment6. Ignorance of the Law7. Flaunting a Mistress8. Inebriated or intoxicated Behavior9. Frequenting casinos or cockfighting10.Not wearing Judicial Robes during a proceeding

CANON 3. IMPARTIALITY

1. To perform judicial duties without favor.

2. Their conduct, in and out of court, must enhance confidence of public in judiciary.

3. Minimize the occasions which it will be necessary for them to inhibit in cases

4. Shall not knowingly make any comment that might reasonably affect the outcome of the case or impair the fairness of the process.

5. To disqualify themselves from participating in any proceedings in which they are unable to decide on the matter impartially.

Such as:

a. when judge has actual bias or has personal knowledge of disputed evidentiary facts

b. when judge previously served as a lawyer to a matter in the controversy or he was a material witness.

c. He has an economic interest in the outcome of the matter in controversy.

d. He served as executor, administrator, guardian, trustee or lawyer in the case

e. A former associate of the judge served as a counsel

f. A judge or lawyer was a material witness therein

g. the judge’s ruling in a lower court is subject to review

h. Judge is related by consanguinity or affinity to a party litigant within 6th civil degree or to a counsel up to 4th civil degree.

6. Procedure for withdrawal:

a. Disclose on record basis for disqualification.

b. If all parties agree in writing that such inhibition is immaterial, he may participate.

c. If, there is objection, he must inhibit.

d. Records of such must be attached to records of proceedings.

Notes:

1. It is the duty of the judge not only to be impartial but to appear impartial

2. They should avoid side remarks, hasty conclusions, loose statements or gratuitous utterances that suggest they have prejudged the case.

3. They cannot comment on a pending case, especially if comments indicating that the judge has already formed an opinion as to the outcome of the case.

GROUNDS WHERE JUDGE SHOULD INHIBIT FROM PARTICIPATION IN A CASE:

1. He has actual bias or prejudice concerning a party or has personal knowledge of the facts of the case.

2. He previously served as a lawyer or was a material witness in the case

This includes notarizing documents of a person presented as witness.

3. The judge or his family members has an economic interst in the outcome of the case

4. The judge served as an executor, administrator, guardian, trustee or lawyer to a party of a case or his former associate is a lawyer to a party.

5. His ruling in the lower courts is the one subject to review.

6. A litigant is related to him by affinity or consanguinity up to the 6th civil degree.

Procedure for withdrawal:

a. Disclose on record basis for disqualification. If all parties agree in writing that such inhibition is immaterial, he may participate.

b. If, there is objection, he must inhibit.

c. Records of such must be attached to records of proceedings.

CANON 4. PROPRIETY

1. Judges should avoid impropriety and such appearance in all activities.

2. To conduct themselves in a way that is consistent with the dignity of the judicial office

3. Judges should avoid favoritism or partiality in their personal relations with members of legal profession.

4. Judges shall not participate in a case where litigant is a family member, or if such is associated in any way to the case.

5. Judges shall not allow use of residence by any member of legal profession to receive clients of the latter.

6. To conduct themselves in the exercise of their rights in such a manner as to preserve the dignity of the judicial office and impartiality and independence of judiciary .

7. To inform themselves about their personal fiduciary financial interest and shall make reasonable efforts to be informed about the financial interest of family members.

8. Shall not use or lend prestige of judicial office to advance personal and private interest and that of their family members.

9. Confidential information acquired by judges in their official capacity shall not be used or disclosed for any other purpose in relation to their duties.

10.subject to proper performance of judicial duties, judges may participate in activities concerning the law, legal system and related matters.

a. appear in public hearings in matters related to law

b. other activities if it does not detract them from dignity of the judicial office

11.Judges shall not practice law while still in office

12.They may form or join associations representing the interest of the judges.

13.Judges and their family members shall neither ask for nor accept gifts, loans or favor in connection with the performance of his judicial duties.

14.Judges shall not knowingly allow employees of the court to accept similar gifts, loans and such in connection with the performance of their duties.

15.They may receive gifts, award or benefit as appropriate to the occasion provided it might not be reasonably be perceived as intended to influence him in performing his judicial functions. This is subject to the laws and legal requirements of public disclosure.

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Notes:

1. A judge cannot hear cases if he is on leave or on vacation.

2. Even if not substantiated, a judge is liable even for circumstances were it was enough to give rise to the appearance of impropriety (Liwanag v. Lustre)

3. Judges should reprimand court staff who makes a comment on a pending case

4. The use of expletive words are not allowed, ONLY TEMPERATE language allowed.

5. Prohibited from accepting gifts except during a special occasion and it must be nominal. Gifts must be commensurate to the occasion.

TOLERATED ACTIVITIES:

1. Writing, making lectures and participating and teaching in activities concerning the law and the legal system.

2. Appear before a public hearing on matters pertaining to the law and the legal system.

3. Engage in other activities provided it does not detract the dignity of the office or interfere in the performance of judicial functions.

4. Engage in private business but permission from Supreme Court is required.

5. They may form or join associations of judges or organizations representing the interest of the judges.

INHERENT INCOMPATIBILITYJudge cannot engage in private practice if they are still holding their

judicial office.

COMPULSORY DISQUALIFICATIONWhenever a party to a litigation is a member of the judges family as

defined in the code, the judge must immediately inhibit or disqualify himself from court to avoid impartiality and impropriety.

CANON 5. EQUALITY

1. Awareness and understanding of diversity of society, such as race, color, sex, religion, disability, etc.

2. Shall not manifest bias or prejudice towards persons or group on irrelevant ground. This is through words or conduct.

3. Appropriate consideration given to all without differentiation on any irrelevant ground, immaterial to the proper performance of duties.

4. Judges shall not knowingly permit court staff or others subject to his or her influence, direction or control to differentiate between persons concerned, on matters before the judge on any irrelevant grounds.

5.Judges shall require lawyers to refrain from manifesting bias or prejudice based on irrelevant grounds.

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1. Purpose is to promote equality in compliance with the required international human rights agreement.

2. They must ensure equality in treatment to all people before the courts.

3. They should not tolerate misconducts by their personnel

4. To prevent lawyers from abusing witnesses with unfair treatment for witness have right to be protected from irrelevant, improper or insulting questions.

5. EQUALITY IN TREATMENT

All persons, regardless of sex, religion, status shall be treated alike in terms of application of law and its penalties

CANON 6. COMPETENCE AND DILIGENCE

1. Judicial duties of a judge takes precedence over all other activities

2. To devote professional activity to judicial duties, which includes other tasks relevant to the judicial office.

3. Maintain and enhance their knowledge, skills and personal qualities necessary for proper performance of judicial duties.

4. Keep themselves informed about relevant developments of international law.

5. To perform all judicial duties, including delivery of reserved decisions, efficiently, fairly and with reasonable promptness.

6. Maintain order and decorum in proceedings and be patient, dignified and courteous in relation to others.

7. shall not engage in conducts incompatible with the diligent discharge of judicial duties.

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1. Judges should not excuse himself from difficult or controversial cases.

2. Service in the judiciary means a continuous study and research on the law from beginning to end.

3. They must be well informed of the basic legal principles.The rules of court punishes gross negligence of the law or procedure

as serious charge which is punishable by dismissal from service or forfeiture of benefits.

4. Habitual tardiness is considered a serious misconduct.

5. Inefficiency, neglect or unreasonable delay in administering justice is subject to administrative fines.

Neglect includes failure to exert diligence in taking care of records and documents.

GROSS IGNORANCE OF THE LAW

If there was an incorrect ruling based on a decision made with bad faith, fraud, dishonesty or a deliberate intent to do injustice.

It may also be considered as thus if the issues of the case are so simple and the applicable legal principles is evident and basic as to be beyond the possible margin of error.

BAD FAITHFRAUDDISHONESTYDELIBERATE INTENT TO DO INJUSTICE

PRINCIPAL SOURCES OF INTERNATIONAL LAW:

1. General or customary normsBinding on all states, these are the laws which adopted and accepted as principles of international law under the Constitution.

2. Conventional normsAlso known as treaty agreement, they require approval of 2/3 of all members of Congress.

LIABILITIES OF A JUDGE

Generally, a judge is not administratively, civilly or criminally liable when he acts with his legal powers and jurisdiction. He may not be held for every erroneous order or decision he renders. This is a matter of public policy.

However, he may be held accountable where his error is :

1. GROSS OR PATENT, 2. MALICIOUS AND DELIBERATE, OR 3. WAS INCURRED WITH EVIDENT BAD FAITH.

CIVIL LIABILITIES:

Mistakes committed by the judge are not actionable without any clear showing that he was motivated by malice or gross negligence amounting to bad faith. His erroneous interpretation of the law does not constitute bad faith which may entitle injured party to seek damages. This is called presumption in good faith.

The immunity does not cover if the judge exceeded his powers.

Good faith consist of the honest intention to abstain from taking unconscionable and unscrupulous advantage of another.

1. Administrative Code of 19 87

a. Public officers cannot be held civilly liable in their functions or performance of their duties unless there is a clear showing of bad faith, malice or negligence.

b. Public officers who neglects to perform their duty within a period fixed by law, regulation or within a reasonable amount of time.

c. A superior officer is liable for acts of his subordinate provided he actually authorized by written order the specific act or misconduct.

2. Civil Code, Art 27

When a public servant refuses or neglects, without just cause, to perform his official duty, the person injured may file for damages.

3. Civil Code, Art 32

A public officer is civilly liable for damages made by directly or indirectly obstructing, defeating, violating or in any manner impeding or impairing the civil liberties contained in the bill of Rights.

4. All acts made by a judge in his personal capacity, if made in bad faith , is not covered by the mantle of immunity. He is subjects to the laws like any citizen in such case.

BAD FAITH connotes:

1. a dishonest purpose, or 2. some moral dishonesty ,and 3. conscious doing of a wrong.

5. R.A. 1379

If any public officer, his spouse and dependents, are found to have unexplained wealth which is out of proportion in relation to their income, the State may confiscate property and Solicitor General; may file a civil action made against them before the Sandiganbayan.

CRIMINAL LIABILITES:Provisions covered under the RPC

1. Knowingly Rendering Unjust Judgment

a. The judgment was unjust

b. The decision was made with a conscious and deliberate intent to commit an injustice

2. Judgment Rendered Through Negligence

The judgment must be by reason of inexcusable negligence or ignorance, It must be shown that although he acted without malice, he failed to observe diligence, prudence and care in performing his duties.

3. Unjust Interlocutory Order

A court order is interlocutory in character if it is provisional and leaves substantial proceeding to be had in connection with its subject.

Interlocutory refers to something intervening between the start and the end of a case which decides at some point or matter but is not a final decision of the whole controversy.

4. Malicious Delay in the Administration of Justice

1. there must be an unreasonable delay in the disposition of a case far beyond the period mandated by law.

2. The judge acted with malice or deliberate intent to prejudice a party in a case.

5. DIRECT BRIBERY

1. That the accused is a public officer

2. He received directly or indirectly some gift, present, promise or reward.

3. That such gift, present, reward or promise was given

a. in consideration of his commission of some crime, or b. any act not constituting a crime, orc. to refrain from doing something which is his official duty to do

4. That the crime or act is related to the performance of his functions as a public officer.

6. INDIRECT BRIBERY

1. The accused is a public officer

2. He accepts a gift

3. The gift is given to him, or he accepts it, by reason of his office

7.Infidelity in the Custody of Documents

1. the offender is a public officer

2. that there is a document abstracted, destroyed or concealed

3. The document abstracted, destroyed or concealed was entrusted to the public officer in the function of his duties

4. That damage tho the public interest or a third person be caused by such acts

This includes removal, tampering and profiting from it.

8.Open Disobedience

A judicial officer who shall openly refuse to execute a judgment, decision or order of a superior authority who is within his jurisdiction and issued with all the legal formalities.

9.PROLONGING PERFORMANCE OF DUTIES AND POWERS

Any public officer who continues to exercise the duties and powers of his office, employment or commission, beyond the period provided by law, regulations or special provisions.

10.Abandonment of office or position

Any public officer who shall abandon his office before the acceptance of his resignation which:

a. was detrimental to the public service, or

b. was made to evade the discharge of the duties of preventing, prosecuting or punishing any of the crimes found in :

Title 1 _____________________________________________Title 3, Chapter 1 _____________________________________________

11.Usurpation of Legislative Powers

A public officer who shall encroach upon the powers of the legislative branch of the government by :

a. making general rules and regulations beyond the scope of his authority , or

b. attempting to repeal a law or suspending the execution thereof.

12 USURPATION OF EXECUTIVE FUNCTIONS

1. Any judge who shall assume the powers pertaining to the executive authorities, or

2. shall obstruct the latter in the lawful exercise of their powers.

3. DISOBEYING REQUEST FOR DISQUALIFICATION

Any public officer who, before the question of jurisdiction is decided, shall continue any proceeding after having been lawfully required to refrain from doing so.

13.ABUSE AGAINST CHASTITY

Public officers who shall solicit or make immoral or indecent advances to a woman interested in matters pending before such officer for a decision., or with respect to which he is required to submit to or consult with a superior officer.

14. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR ECCLESIASTICAL MINISTER

Public officer who takes advantage of their official position and falsifies a document through:

1. counterfeit or imitation of handwriting2. causing to appear that persons have participated in any act or proceeding

when the said person din not in fact participate.3. attributing to persons who have participated in any act or proceeding

statement other than those in fact made by them4. making untruthful statements in a narration of facts5. altering true dates 6. making alteration or intercalation in a genuine document which changes

its meaning7. issuing in an authenticated form a document purporting to be a copy of an

original document when no such original exist or including in such copy a statement contrary to, or different from that of the genuine original.

8. intercalating any instruments or notes relative to the issuance thereof of a protocol, registry or official book.

ELEMENTS:

1. THE ACT WAS COMMITTED BY THE PUBLIC OFFICER WITH GRAVE ABUSE OF HIS OFFICE

2. MALICIOUS INTENT TO INJURE A THIRD PERSON, AND IN CASES OF TRUTHFUL STATEMENTS IN A NARRATION OF FACTS, THERE IS A LEGAL OBLIGATION TO DISCLOSE THE TRUTH.

OTHER LIABILITIES:

1. ANTI –GRAFT CASE (RA 3019)

1. Neglecting or refusing, after demand or request and without due cause, to act within a reasonable time on any matter ending before him for the purpose of obtaining, directly or indirectly, monetary benefit or advantage

2. Failure to disclose Statement of Assets, Liabilities and net worth (SALN)

2.PLUNDER

Accumulation or acquiring ill-gotten wealth amounting to at least P 75,000,000.00