sic itur ad astra

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. Section 1 Judges shall exercise the judicial function independently on the basis of their assessment of the facts and in accordance with a conscientious understanding of the law, free of any extraneous influence, inducement, pressure, threat or interference, direct or indirect, from any quarter or for any reason. Section 2 In performing judicial duties, Judges shall be independent from judicial colleagues in respect of decisions which the judge is obliged to make independently. Section 3 Judges shall refrain from influencing in any manner the outcome of litigation or dispute pending before another court or administrative agency. Section 4 Judges shall not allow family, social, or other relationships to influence judicial conduct or judgment. The p...

                           New Code of Judicial Conduct, Competence and diligence |     Legal Ethics Facts: Arnel G. Mendoza  filed an a dministrative case charging Acting Presiding Judge Marcos C. Diasen, Jr. with violation of the Code of Judicial Conduct. Mendoza  alleges that he met Judge Diasen through Cristy Flores and that Judge Diasen hired his services to go to San Pedro and Sta. Rosa, Laguna. Mendoza claims that Judge Diasen asked him to assist Flores in looking for a rice retailer and gave them a check to pay for 50 sacks of rice, which was later increased to 70 sacks. Mendoza claims that a check issued by Judge Diasen for the rice was dishonored, leading to payment demands from the rice supplier. Mendoza tried to inform Flores and Judge Diasen but was unable to reach them.  Judge Diasen denies personally knowing Mendoza and claims that he lent money to Flores to sell rice ...

                           New Code of Judicial Conduct, Competence and diligence |     Legal Ethics Facts: Mr. Antonio Yu-Asensi  filed a letter-complaint against  Judge Francisco D. Villanueva , accusing him of serious misconduct and inefficiency particularly violating the Canons of Judicial Ethics on promptness and punctuality. The complaint was related to a criminal case pending before Judge Villanueva's court, in which Yu-Asensi's son was injured.  Yu-Asensi alleged that Judge Villanueva consistently arrived late for hearings, causing delays and dissatisfaction among litigants, lawyers, and witnesses. Judge Villanueva filed a comment denying the allegations and claiming that Yu-Asensi and his lawyer were harassing him due to adverse rulings. The Court referred the complaint to the Executive Judge of the Regional Trial Court for investigation and report.  The Executive ...

                            New Code of Judicial Conduct, Competence and diligence |     Legal Ethics Facts: Attorney Martin D. Pantaleon filed a letter-complaint against Judge Teofilo L. Guadiz, Jr. , accusing him of gross inefficiency, neglect, and unreasonable delay in elevating the records of Civil Case No. 88-2187 to the Court of Appeals. Pantaleon alleged that despite filing a notice of appeal within the reglementary period, the records had not been transmitted to the Court of Appeals for over three years. Judge Guadiz claimed he only learned of the delay upon receiving the complaint and blamed a misplaced transcript for the delay. The Office of the Court Administrator recommended a fine of P2,000 for Judge Guadiz's inefficiency and delay. Judge Guadiz argues that it is the duty of the branch clerk of court  to transmit the records of an appealed case to the appellate court   ...

                           New Code of Judicial Conduct, Competence and diligence |     Legal Ethics Facts: Secretary of Justice Cuevas indorsed a "hold-departure" order issued by Judge Mendoza to the Court Administrator. The order was issued in violation of Supreme Court Circular No. 39-97. Judge Mendoza claimed the order was based on a formal motion by the prosecutor in response to a request from the victim's sister. The Court Administrator recommended reprimanding Judge Mendoza and warned about future consequences for similar infractions.  Judge Mendoza was reminded of his duty to stay updated with court issuances. Issue: WoN the respondent judge is administratively liable. YES. Held: The recommendation of the Court Administrator is well-taken. Circular No. 39-97 limits the authority to issue hold-departure orders to the Regional Trial Courts in criminal cases within their exclusive jurisdi...

Facts: The Office of the Court Administrator received two letters-complaints against Judge Dinah Evangeline B. Bandong of the RTC Lucena City, Branch 59. The first letter-complaint alleged various issues, including Judge Bandong's excessive use of telenovelas and unreasonable demands for salary and allowance checks. The second letter-complaint made similar allegations and mentioned Judge Bandong's preference for Criminal Case Clerk-in-Charge Eduardo Febrer. Another anonymous letter-complaint was received, against Febrer and Court Interpreter Francisco Mendioro, accusing them of misconduct and involvement in schemes for personal gain. The Office of the Court Administrator conducted discreet investigations, and the Executive Judge recommended the dismissal of charges against Febrer and Mendioro but not against Judge Bandong. Judge Bandong denied the charges and criticized the investigation report, insinuating that the Executive Judge might be responsible for the anonymous complai...

                         New Code of Judicial Conduct, Propriety |     Legal Ethics Facts: An administrative complaint was filed by Teresita de Castro  against Hon. Ignacio Capulong , Presiding Judge of the Court of First Instance of Pampanga, for serious misconduct and illegal practice of law.  Basilio and Iluminosa de Castro owned  s ix parcels of land   mortgaged to Development Bank of the Philippines (DBP) which later foreclosed.  Basilio de Castro offered to repurchase the properties from DBP.  DBP approved the offer, requiring a down payment and balance payable within five years. Basilio de Castro executed a "Deed of Waiver of Rights" waiving his rights to repurchase the property in favor of the Villena spouses.  Villenas made an additional deposit to repurchase the properties, but complainant Teresita de Castro  discovered the transaction and sought to revoke th...

                         New Code of Judicial Conduct, Propriety |     Legal Ethics Facts: Carlos Dionisio accuses Judge Zosimo Escano of using court facilities to advertise for attractive waitresses and personnel for a restaurant business. The following week, an  advertisement for waitresses and female vocalists appeared in the Manila Bulletin, indicating Fontana Café & Restaurant as the hiring establishment with contact details addressed to his RTC branch.  An undercover investigation by ABS-CBN's "Hoy Gising!" revealed that Judge Escano admitted to owning the establishment and described its concept, targeting classes A and B customers and emphasizing physical attractiveness. He mentioned the employment of waitresses wearing mini-skirts and having slightly revealing attire. He acknowledged the presence of customers known as "DOM" (Dirty Old Men) and discussed the need for singers t...

                             New Code of Judicial Conduct, Propriety |      Legal  Ethics Facts: An administrative proceeding was initiated from a letter-complaint requesting a lifestyle check on Judge Uyag P. Usman. Complaint alleges Judge Usman acquired a brand new SUV worth ₱1,526,000.00 and paid in cash for the down payment.  Complainant raises concerns about Judge Usman's irregular attendance at work and his limited income due to loans. Judge Usman explains that the vehicle was second-hand, acquired through a promotional offer, and paid for by his mother.  He denies supporting all seven of his children and asserts that only three are under his care.  Judge Usman refutes claims of absenteeism, providing affidavits from his staff and a member of a religious group. The Office of the Court Administrator (OCA) finds Judge Usman's explanation credible but holds him lia...

                            New Code of Judicial Conduct, Propriety |      Legal  Ethics Facts: Antonio M. Lorenzana filed a dministrative complaints against Judge Ma. Cecilia I. Austria. Complaints arose from a case regarding the rehabilitation of Steel Corporation of the Philippines (SCP)  Complainant alleged gross ignorance of the law, abuse of authority, misconduct, incompetence, bias, and partiality by the respondent. Allegations included appointment of a conflicted rehabilitation receiver, conducting informal meetings outside official jurisdiction, dictating the terms of the rehabilitation plan, secret meetings with a creditor, and personal involvement in the case. Supplemental complaint raised concerns about the respondent's photos and personal details on a social networking website called "Friendster".  She posed with her upper body barely covered by a shawl, ...

                           New Code of Judicial Conduct, Propriety |      Legal  Ethics Facts: Rodrigo "Jing" N. Vidal filed a complaint against Judge Jaime L. Dojillo, Jr., Presiding Judge of the Municipal Trial Court of Manaoag, Pangasinan. The complaint alleges misconduct related to an election protest filed by Judge Dojillo's brother against the complainant.  Vidal claims that Judge Dojillo actively coached and assisted his brother's counsel during the hearings, raising concerns of partiality. Judge Dojillo admits his presence during the hearings but denies sitting beside his brother's lawyer, stating his intention was to observe and provide moral support. The investigation found that although the complainant and his witness saw Judge Dojillo interacting with the lawyer and his brother, they did not hear the conversations or know the content of the notes exchanged.  The inve...