Módulo profesional: proxecto de deseño de produtos mecánicos

PREAMBLE

An honorable, 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.

Courts are established to adjudicate peacefully controversies between individual

parties for the ascertainment, enforcement and redress of private rights, or for the punishment of wrongs done to the public.

CANON 1

A judge should uphold the integrity and independence of the judiciary Rule 1.01.

A judge should be the embodiment of competence, integrity, and independence. Talens-Dabon v. Arceo, A.M. No. RTJ-96-1336, July 25, 1996

xxx xxx judges and justices, must not only be proficient in both the substantive and procedural aspects of the law, but more importantly, they must possess the highest integrity, probity, and unquestionable moral uprightness, both in their public and private lives.

Arban vs. Borja, 143 SCRA 634

A judge is the visible representation of the law and more importantly of justice. As such, he should avoid even the slightest infraction of the law. The nature of a judge’s position demands equanimity, prudence, fortitude and courage.

The rule projects that judges are the personification of proficiency (competence) in law, of incorruptibility (integrity) and of impartiality and non-subservience (independence).

Lopez vs. Fernandez, 99 SCRA 603

Justice Malcolm identified good Judges in his ponencia in Borromeo vs. Mariano (41 SCRA 322) as “men who have a mastery of the principles of law, who discharge their duties in accordance with law, who are permitted to perform the duties of the office undeterred by outside influence, and who are independent and self-respecting human units in a judicial system equal and coordinate to the other two departments of government”. the judiciary needs judges who read, study, and ponder – judges who personify learning and equanimity.

Abad vs. Bleza, 145 SCRA 603

“xxx Even in the remaining years of his stay in the judiciary, he should keep abreast with the changes in the law and with the latest decisions and precedents. Service in the judiciary means a continuous study and research on the law from beginning to end. xxx”

Geotina vs. Gonzales, 41 SCRA 66

A judge in the performance of his duties should strive at all times to be “wholly free, disinterested, impartial and independent.”

Buenavista, Jr. vs. Garcia, 187 SCRA 599

A judge who displays ignorance of or indifference to the law, erodes public confidence in the competence and fairness of the courts. He commits a disservice to the cause of justice.

Rule 1.02.

A judge should administer justice impartially and without delay.

Tan, Jr. vs. Gallardo, 73 SCRA 315

It is undisputed that the sole purpose of courts of justice is to enforce the laws uniformly and impartially without regard to persons or their circumstances or the opinions of men. Judges should not only appear impartial. It must be obvious, therefore, that while judges should possess proficiency in law in order that they can competently construe and enforce the law, it is more important that they should act and behave confidence in their impartiality.

Gutierrez vs. Santos, 112 Phil. 184

A party litigant is entitled to no less than the cold neutrality of an impartial judge.

Martinez vs. Gironella, 65 SCRA 245 (1975)

A judge should not only render a just , correct and impartial decision but should do so in such a manner as to be free from any suspicion as to its fairness and impartiality and as to his integrity.

Canon 6, Canons of Judicial Ethics

The requirement that judges must decide cases within the specified periods is intended to prevent delay in the administration of justice. For justice delayed is often justice denied. Rule 1.03.

A judge should be vigilant against any attempt to subvert the independence of the judiciary and resist any pressure from whatever source.

In re: Cunanan et al., 94 Phil. 534

If laws are passed which subvert the independence of the judiciary, judges must be wary and should declare at the first opportunity, the unconstitutionality of the law. The Constitution did not confer on Congress the authority and responsibility over the admission, suspension, disbarment and reinstatement of attorneys-at-law.

In re: Garcia, 2 SCRA 984

The Executive Department may not encroach upon the constitutional prerogative of the Supreme Court to promulgate rules for admission to the practice of law in the Philippines. CANON 2

A Judge should avoid impropriety and the appearance of impropriety in all activities

Alazas vs. Reyes, 131 SCRA 445

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.

Cabrera vs. Pajares, 142 SCRA 127

Members of the judiciary should display not only the highest integrity but must at all times conduct themselves in such a manner as to be beyond reproach and suspicion. He should be studiously careful to avoid even the slightest infraction of the law.

Palang vs. Zosa, 58 SCRA 776

Because appearance is as important as reality in the performance of judicial functions, like Ceasar’s wife, a judge must not only be pure but beyond suspicion.

Dawa, et al v. De Asa, Adm. Matter No. MTJ-98-1144, July 22, 1998

The people’s confidence in the Judicial system is founded not only on the magnitude of legal knowledge and the diligence of the members of the bench, but also on the highest standard of integrity and moral uprightness they are expected to possess. 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.”