Qualifying to the Bench
1. Members of the Supreme Court and appellate
courts(Sec.7(1), Art. VIII, Constitution): natural born citizens
S.C. Justices: 40 years old, 15 years as judge or in practice of law in the
Philippines
2. Members of the lower courts (RTC and first level courts) Sec. 7(2),
Art. VIII, Constitution, Filipino citizen(can be natural born or
naturalized)
Common qualifications for all members of the judiciary: A person of
proven COMPETENCE, INTEGRITY, PROBITY and INDEPENDENCE.
Term of Office: shall hold office during GOOD behavior until they reach
70 years old or they become incapacitated to discharge their duties.
Manner of Selection and Appointment of members of the Judiciary
The Judicial and Bar Council (Sec. 8, Art. VIII, Constitution) Chief Justice
as ex officio Chairman
Composition of JBC: DOJ Sec and representative as ex officio members
and a representative of IBP, a professor of law, a retired member of the
S.C. and a representative of the private sector
Powers: Recommend appointees to the President and such other duties
and functions SC may assign.
Term of Office of JBC members: 4 years
1. Application/Nomination with conformity
2. Publication of Vacancy; Deadline for submission
3. Submission of documentary requirements including
psychological examination
4. Validation of information submitted
5. Publication of names of qualified applicants/nominees; Date of
interview
6. Submission of shortlist of nominees to the President
All appointments to the judiciary do not need any confirmation by the
Commission on Appointments (Sec. 9, Art. VIII, Constitution)
Any vacancy in the S.C. must be filled within 90 days from occurrence
thereof. (Sec. 4(1), Art. VIII, Constitution)
For lower courts, the President shall issue the appointments within 90
days from the submission of the shortlist. (Sec. 9, Art. VIII,
Constitution)
Removal of S.C. justices: Impeachment, grounds, proceedings (Sec. 2,
Art. XI, Constitution); one third vote of all HOR members to affirm the
Articles of Impeachment; and two thirds vote of all members of the
Senate to convict
Discipline of appellate justices and lower court judges: Sec. 11, Art.
VIII, Constitution
Vote required to dismiss a member of the judiciary: majority of SC
justices who took part in the deliberations and voted thereon.
Constitutional Proscriptions on Members of the Judiciary:
1. Prohibition on practice of profession
2. Prescriptive duty to resolve cases: (Sec. 15(1), Art. VIII,
Constitution)
Supreme Court: 24 months
Collegiate appellate courts: 12 months
All other lower courts: 3 months
3. Dedicated service to the judiciary (Sec. 12, Art. VIII, Constitution)
4. SALN requirement (Sec. 17, Art. XVII, Constitution)
5. Allegiance to the Philippine government (Sec. 12, Art. VIII,
Constitution)
6. Jurisprudence being part of the law of the land, no decision shall be
rendered by any court without expressing therein clearly and distinctly
the facts and law on which it is based. (Sec. 14, Art. VIII, Constitution)
Ethical Standards for the members of the bench
Canons of Judicial Conduct (A.M. 03-05-01- S.C. effective June
1, 2004)
CANON 1 A JUDGE SHALL THE DIGNITY AND INDEPENDENCE
OF THE COURT.
Two aspects: institutional independence and personal independence
What is expected: To discharge their functions based solely on a fair
assessment of the facts and invoking the appropriate provision of the
law; cloaking themselves from any influence
Talens-Dabon v. Arceo( A.M. RTJ-96-1396, July 25, 1996)
The integrity of the judiciary rests not only upon the fact that it is able
to administer justice but also upon the perception and confidence of
the community that the people who run the system have done justice.
Judges must not only be proficient in substantive and procedural
aspects of the law but must possess the highest integrity, probity and
unquestionable uprightness.
CANON 2 A JUDGE SHOULD AVOID IMPROPRIETY AND THE
APPEARANCE OF IMPROPRIETY IN ALL ACTIVITIES.
Dawa, et al v. De Asa MTJ-98-1144, July 22, 1998
Judge De Asa was dismissed from service for repeatedly subjecting his
female employees to sexual harassment. A judge must not only appear
as a good judge but also a good person.
Alfonso v. Juanson(RTJ-92-904, December 7, 19993)
A judge who continues to meet complainants wife despite knowledge
that he was also suspecting an illicit relationship between the judge
and his wife is guilty of indiscretion.
Co v. Calimag, Jr. , A.M. RTJ-99-1493, June 20, 2000
A judge who personally furnishes copies of orders issued is highly
irregular, giving rise to the suspicion that the judge is partial.
In Re: Justice Anacleto D. Badoy (A.M. No. 01-12-01-SC, January 16,
2000)
By going to GMA-7 in an ambulance and presenting himself for an
interview over the plunder case against ERAP, the justice was found
guilty of conduct unbecoming of a justice.
CANON 3 A JUDGE SHOULD PERFORM OFFICIAL DUTIES
HONESTLY, AND WITH IMPARTIALITY AND DILIGENCE.
De la Cruz v. Concepcion, A.M. RTJ-93-1062, August 25, 1994
To constitute gross ignorance of the law, the subject decision, order or
actuation of the judge must not only be contrary to law and
jurisprudence but must be moved by bad faith, fraud dishonesty or
corruption.
Meris v. Ofilada, A.M. RTJ-97-1390, August 5, 1998
Respondent judge was dismissed from service for the unseemly
haste with which the respondent judge granted the motions filed by
the accused to quash search warrant ex parte and for grant of bail.
Administrative Responsibilities:
1. Competence in court management; supervision over court
personnel
2. Ensuring the high standards of public service and fidelity
3. Initiate action against court personnel and lawyers for
inappropriate behavior
4. Avoid nepotism and favoritism in the appointment of
commissioners, receivers, trustees, guardians, administrators and
others.
Disqualifications in the following cases:
1. Where he has personal knowledge of disputed evidentiary facts;
2. Where he served as executor, administrator, guardian, trustee
or lawyer in the case or a former associate of the judge served as
counsel in their association, or the judge was a material witness
therein
Disqualifications in the following cases:
3. Where the judges ruling in a lower court is the subject of review.
4. Where the judge is related by consanguinity or affinity or a party
litigant within the 6th degree or to counsel within the 4th degree.
5. Where the judges spouse, or child has a financial interest, as heir,
legatee, creditor, fiduciary or otherwise, in the subject matter in
controversy or in a party to the proceeding, or any other interest that
could be substantially affected by the outcome of the proceeding.
Remittal of Disqualification
The judge may disclose on record the basis of disqualification and if,
based on such disclosure, the parties and the lawyers all agree in
writing that the inhibition is immaterial, the judge may then participate
in the proceeding.
CANON 4 A JUDGE MAY, WITH DUE REGARD TO OFFICIAL
DUTIES, ENGAGE IN ACTIVITIES TO IMPROVE THE LAW, THE
LEGAL SYSTEM AND THE ADMINISTRATION OF JUSTICE.
What may be allowed:
1. speak, write, lecture, teach or participate in activities concerning the
law, the legal system and the administration of justice.
2. Appear at public hearing before a legislative or executive body on
matters concerning the law, the legal system or the administration of
justice and otherwise consult with them on matters related to it.
3. Serve in an organization devoted to the improvement of the law, the
legal system or the administration of justice.
Albos v. Alaba, A.M. MTJ-91-517, March 11, 1994
 A judge cannot be said to have been completely out of line in
conducting lectures to various barangay units on the rudiments of Diligence exacts from the judge a thorough appreciation of the facts
barangay law. However, judges must not allow themselves to be and evidence presented during trail and his proper application of the
distracted from their judicial tasks which remain at all times to be their law in resolving issues before the court.
foremost and overrriding concern.
Biggel v. Pamintuan, RTJ-08-2101, 559 SCRA 344
CANON 5 A JUDGE SHOULD REGULATE HIS EXTRA-JUDICIAL A judge was fined P20,000 for not resolving a Motion for
ACTIVITIES TO MINIMIZE THE RISK OF CONFLICT WITH JUDICIAL Reconsideration for 4 months.
DUTIES.
Panginilanan v. Jaungue, A.M. RTJ -08-2100, 543 SCRA 251
What may be allowed under Canon 5: A judge was suspended for 6 months without pay for serious
1. Write, lecture, teach and speak on non-legal subjects misconduct, gross inefficiency and gross neglect of duty. He was not in
2. Engage in the arts, sports and other special recreational his station and did not file a leave of absence; he issued an order
activities. without his signature; he misinterpreted a COMELEC resolution.
3. Participate in civic and charitable activities.
4. Serve as an officer, director, trustee or non- legal advisor of a Bayaca v. Ramos, A.M. MTJ 07-1676, 577 SCRA 93
non-profit or non political, educational, religious, charitable, fraternal or Judge Ramos found Bayaca guilty and sentenced him to imprisonment
civic organization. and to pay the offended party a civil liability. The appellate court
modified the judgment by imposing fine only. Despite the finality of the
Limitations under Canon 5: modified judgment, Judge Ramos ordered the arrest of Bayaca. This
1. Financial activities precipitated the filing of the administrative complaint against the
2. Fiduciary activities judge.
3. Practice of law and other profession The Supreme Court found the judge guilty of gross negligence in
4. Financial disclosure (SALN) issuing the warrant against the complainant, for giving him P250,000
5. Extra-judicial appointments when the complaint was filed to pressure him to withdraw the case and
6. Political activities for giving him P500,000 for actually withdrawing the case.
No penalty was imposed upon Judge Ramos because he died during
CANON 6 DUTY TO EXHIBIT COMPETENCE AND DILIGENCE the pendency of the case.

In the discharge of his duties, the judge must exhibit competence and
knowledge of the law .