PUBLICACIÓN DE PRIMERA VEZ

Q - Are there any distinctions between the court and the judge?

ANS. - Yes. The court is an entity and the person who occupies the position is the judge. A court may exist without a judge. There may be a judge without a court. (Pamintuan vs. Llorente, 29 Phil. 346).

Q - What do you understand by the principle that the administration of justice is a shared responsibility of the judge and the lawyer?

ANS. - It means that it is the duty of both counsel and judge to maintain not to destroy, the high esteem and regard for courts. Any act on the part of one or the other that tends to undermine the people's respect for, and confidence in, the administration of justice is to be avoided. And this, even if both may have to restrain pride from taking the better part of their system. (Lugue vs. Kayanan, 29 SCRA 173). The relations of judge and lawyer should be founded on mutual respect and on a deep appreciation by one of the duties of the other. (Romero vs. Valle, 147 SCRA 197)

Q - Explain the principle that a judge should not only be impartial but must also appear impartial.

ANS. - The sole purpose of courts of justice is to enforce the laws uniformly and impartially, without regard to persons or their circumstances or to opinions of men. A judge should at all times be wholly free, disinter- ested, impartial and independent. Elementary due process requires a hearing before an impartial and disinterested tribunal. A judge has both the duty of rendering a just decision and the duty of doing it in a manner completely free from suspicion as to its fairness and as to his integrity. Judges therefore, should not only be impartial but they should also appear impartial. (Tan, Jr. vs. Gallado, 73 SCRA 315).

Q - Should a judge succumb to pressure from whatever source? Why?

ANS. - No. To do so is equivalent to a case of betrayal of the public trust reposed on a judge as an arbiter of the law and a revelation of his/her

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weak moral character. A judge is expected to be fearless in his/her pursuit to render justice, to be unafraid to displease any person, interest or power and to be equipped with a moral fiber strong enough in his/her office. (Ramirez vs. Corpuz-Macandog, 144 SCRA 462).

Q - How do you describe the appearance of a judge in his official and personal conduct?

ANS. - A judge's official conduct and his behavior in the per- formance of judicial duties should be free from the appearance of impropriety and must be beyond reproach. (Alagas vs. Reyes, 131 SCRA 445; Li vs. Niyares, 65 SCRA 167). Even his personal behavior in his everyday life should be beyond reproach. He should avoid even the slightest infraction of the law. (Cabrera vs. Pajares, 142 SCRA 127).

Q - How do you explain the fact that a judge should be like Caesar's wife?

ANS. - A judge should be like Caesar's wife because a judge must not only be pure but must also appear to be so. Appearance is as important as reality in the performance of judicial functions. Like Caesar's wife, a judge must not only be pure but must be beyond suspicion. (Palang vs. Zosa, 58 SCRA 776). A judge has the duty not only to 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. (Martinez vs. Gironella, 65 SCRA 245).

Q - Explain the rule that a judge should not seek publicity for personal vainglory.

ANS. - It means that judges should be prohibited from seeking publicity for vanity or self-glorification. Judges are not actors or actresses or politicians. They are also prohibited from making public comments on any pending or impending case. Judges must not be moved by a desire to cater to public opinion to the detriment of justice. (Go vs. CA, 206 SCRA 165).

Q - Maya judge invite the press during the hearing of a sensational case? Why?

ANS. - No. A judge should not allow unnecessary taking of Pictures of the court .proceedings. He should not allow the broadcasting of proceedings over the radio or allow the televising of the proceedings. The reason is that, such fanfare and publicity detract from the dignity of the court proceedings for the parties involved tend to become more self-conscious on their appearances rather than the truth of the facts and substance of the issues. The administration of justice would then ultimately suffer as the judge might be influenced by the public clamor engendered by the publicity. Finally, a judge should not seek publicity

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for his personal vainglory.

Q - When may a judge intervene during the presentation of evidence?

ANS - A judge may intervene during the presentation of evidence in order to expedite and prevent unnecessary waste of time. (Domanico vs. CA, 122 SCRA 218). He may intervene to profound clarificatory questions. (People vs. Muit, 117 SCRA 696). He should, however, limit himself only to clarificatory questions and not to ask searching questions after the witness had given direct testimony. (Valdez vs. Aquilizan, 133 SCRA 150). His act should be done sparingly and not throughout the proceedings. (People vs. Ibanson, 120 SCRA 679).

Q - What constitutes undue interference by the judge in the presentation of evidence?

ANS. - There is undue interference if the judge will extensively profound questions to the witnesses which will have the effect of or will tend to build or bolster the case of one of the parties.

Q - Give the reason behind the rule that a judge should not interfere in the presentation of evidence.

ANS. - A judge should not only be impartial, but he should appear to be so. If he profounds questions to help build the case of a party, he would come out biased against or partial in favor of a party. A judge inter- ference may likewise prevent the proper presentation of the case, and the ascertainment of the truth in respect thereto.

Q - An MTC judge was present during the meeting of his relatives before the DARAB. He even suggested the review of the land reform coverage and even talked to those who refused to obey the writ of execution issued by the DARAB. Is the act of the judge proper?

ANS. - No, because as a member of the Bench, he should have realized that his presence, opinion and participation in any proceeding could slant the evaluation and resolution of the case in favor of the party he identifies himself with. A judge need not utter any word for his sheer presence, as a member of the Judiciary, would be sufficient suggestion of persuasion and influence. (Garcia, et al. vs. Valdez, A.M. No. MTJ-98-1156, July 13, 1998, 96 SCAD 170).

Q - If a judge renders a judgment on the day after a case is submitted for decision, is the act proper? Why?

ANS. - Yes, there is nothing anomalous in the act of the judge, as it is even an evidence of his intention to dispose of cases with dispatch. The immediate resolution of the decision was no more than his compliance with his duty as a judge to dispose of the court's business promptly and decide cases within required periods. Instead of being punished, he

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should even be commended for his close attention to duty. (Fule vs. CA, et al., G.R. No. 112212, March 2,1998,92 SCAD 14).

Q - Why should a judge decide a case within the reglementary period provided for by the Rules?

ANS. - A judge should decide a case within the reglementary period because failure to do so constitutes gross dereliction of duty. A judge should decide a case promptly and expeditiously, for it cannot be denied that justice delayed is justice denied. Delay in the disposition of cases undermines the people's faith and confidence on the judiciary. Hence, judges are enjoined to decide cases with dispatch. Their failure to do so constitutes gross inefficiency and warrants the imposition of ad- ministrative sanctions on them. (Fe T. Bernardo vs. Judge Amelia A Fabros, A.M. No. MTJ-99-1l89, May 12, 1999, citing Sanchez vs. Vestil, AM. No. MTJ-981419, October 13, 1998, 100 SCAD 147).

Q - A judge admitted that she failed to decide a case within the reglementary period provided for the by the Rules. Her reason was that there was oversight on her part. Is the reason proper? Why?

ANS. - No. A judge is expected to keep his own record of cases so that he may act on them promptly without undue delay. It is incumbent upon him to devise an efficient recording and filing system in his court so that no disorderliness can affect the flow of cases and their speedy disposition. x x x Proper and efficient court management is as much his responsibility. He is the one directly responsible for the proper discharge of his official functions. (See Fe T. Bernardo vs. Judge Amelia A Fabros, AM. No. MTJ-99-1l89, 106 SCAD 425, May 12, 1999).

Q - When may a judge be subjected to disciplinary action for his errors? Explain.

ANS. - For liability to attach for gross negligence of the law, the assailed order, decision or actuation of a judge must not only be found erroneous but, most importantly, it must be established that the judge was moved by bad faith, dishonesty, hatred, or some other like motive. (Dela Cruz vs. Concepcion, 54 SCAD 640, '235 SCRA 597).

Q - When is a judge liable for rendering an unjust judgment? Explain.

ANS. - A judge may be held liable for rendering an unjust judgment when he acts in bad faith, malice, revenge, or some other motive. (Heirs of the late Nasser Yasin vs. Felix, 66 SCAD 157, 250 SCRA 545).

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