I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
The impartiality of a judge shouldn't only refer to the decision he makes in a case, but also the process with which he will arrive at the decision. The judge is expected to do his duty without fear, prejudice or bias and therefore can't make comments that might affect the outcome of the case he is hearing. He is also required to avoid or minimize participation in events or occasions which can disqualify them from hearing cases. This extends to the judge's public demeanor (sec 1-4.)
Sec. 5 gives a list of instances where the judge is required to disqualify (inhibit) himself. The list isn't exclusive:
1.) If the judge has actual bias, prejudice in favor of a party to the case or personal knowledge of the evidentiary facts disputed upon during the proceedings.
2.) If he used to be a lawyer or material witness of one of the parties in the same case.
3.) If he or a member of his family has an economic interest in the outcome of the case.
4.) If he was once an executor, administrator, guardian or trustee of a party to the case or if a former associate was a counsel to one of the parties or served as a witness.
5.) If the case is on appeal and the judge hearing the case is the same judge who ruled on it when it was still in a lower court.
6.) If the judge is related to a party within the 6th civil degree or to the party's counsel within the 4th civil degree.
7.) The judge knows that his wife or child has a financial interest as an heir, creditor, legatee, fiduciary, etc. in the subject matter of the case, a party to the case or any interest that could be affected by the case itself.
Remember, this list isn't exclusive.
Once inhibited, the judge has to disclose the basis for his inhibition. This inhibition, however, can be disregarded if he, the parties and their lawyers all agree in writing that the reason for inhibition is immaterial and insubstantial. This agreement is incorporated into the record of the case (sec. 6.)
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