file:judicial1.htm

JUDICIAL ETHICS

1. THE ROLE OF THE JUDGE

In administering justice, the judiciary decides
controversies between the party litigants. At the same time, it also contributes
to the establishment of the Rule of Law without which there will be chaos in
the community. What is more significant, however, is that the judiciary
achieves such goal by relying on the moral force generated by the quality of
its work in administering justice. It has been pointed out that:

Among the
three powers of government, the judiciary is in the material sense the weakest.
Although its function in society is as noble and important as the ones
entrusted to the legislative and executive powers, and there is none loftier
that our mind may conceive or to which the most ambitious heart may aspire, it
needs the active and positive help of other agencies to make it effective.
Congress must provide for the adequate budget, and the executive power the
necessary force to make effective the orders and decisions of tribunals.

To
compensate for that comparative physical weakness of the judicial power, it is
necessary that judges and courts should acquire the unbounded moral force which
springs from the general faith and confidence of government and people alike.
That moral force, although intangible, immeasurable and imponderable, is as
effective as any cosmic force, if not more. We hold as an axiom that spiritual
energy is stronger than atomic energy, the mighty basic force of material
universe. But to obtain and retain public faith and confidence, it is necessary
that courts and judges should show by their acts that they are actually
entitled to such faith and confidence. Recalcitrant insubordination and indiscipline
are not the means. On the contrary, they will only provoke public suspicion and
distrust, if not popular wrath and condemnation.1

To gain and maintain such confidence of the
people, the Judiciary must, in the words of the Code of Judicial Conduct, be
‘honorable, competent and independent.’

These are the same qualities that every judge
must possess. Section 7 (3), Article VIII of the Constitution ordains that ‘a
member of the judiciary must be a person of proven competence, integrity,
probity, and independence.’2
The Code of Judicial Conduct adds that ‘a judge should be the embodiment of
competence, integrity and independence.’3
It is the judge who gives flesh and bone to the judiciary. Although the court
over which he presides may be a humble one, it is part of the legal system of
the land. As pointed out above, it is necessary that courts and judges should
show by their acts that the judiciary is entitled to the faith and confidence
of the people.