Judicial Ethics, Canon 1: Independence

The New Code of Judicial Conduct, AM 03-05-01-SC, was promulgated on April 27, 2004, published on May 3, 2004 and took effect on June 1, 2004. It came as a result of a meeting of chief justices from around the world at the Hague on November 25-26, 2002. The purpose of the new code is to strengthen the independence an impartiality of the Philippine judiciary. The code is divided into 6 parts, called canons. We will examine each one of them, starting with Canon 1.

Canon 1 is entitled "Independence." It defines judicial independence as a prerequisite to the rule of law and a fundamental guarantee to a fair trail. Judges are therefore required to personify independence in both its personal and institutional aspects.

Judges are required to exercise their functions independently on the basis of their own assessment of facts and knowledge of the law. They're not allowed to rely on the opinions of other judges and must be free from outside influence, pressure, threats (whether direct or indirect,) and can't have any "inappropriate connections" with and be influenced by the executive and legislative branches of government and must also appear to be free from these influences (sec. 1-2, 5.)

Judges can't allow family, social or other relationships to influence their conduct or judgment. The prestige of the judicial office can't be lent or used for the private interests of other people and neither can it be used to make certain people think that they're favored by a judge (sec. 4.)

Judges are required to be independent in relation to society as a whole as well as in relation to the parties in the cases they handle. Consequently, they're not allowed to influence the outcome of a case in another court or administrative agency (sec. 3, 6.)

Furthermore, judges are expected to display and promote high standards of judicial conduct and uphold the safeguards necessary for the performance of their duties. The aim is to maintain the judiciary's operational and institutional independence as well as maintain the public's confidence in the judiciary (sec. 7-8.)