Code of professional ethics for Senator-Judges

Does the Impeachment Rule adopted by the Senate include the freedom of Senator-Judges to call a witness stupid? And does any member of the Senate have the privilege to put in public ridicule even the schools where the witnesses graduated, these embarrassments being seen by the whole country via national TV?

I don't think so. On the contrary, I recall the provisions of Article 19 of the Civil Code, formulated before I was born, that provides: "Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and justice". Senator-judges as servants of the sovereign Filipino people have no right nor power to insult the people they are sworn to serve. 

Since the Senate calls itself a court or an impeachment court, its members may wish to take a look at the 2025 Code of Judicial Conduct and Accountability (CJCA) adopted by the Supreme Court on November 11, 2025, by virtue of the Court En Banc Resolution no 25-04-SC, which prefaces it with:" As the visible personification of law and justice, members of the Judiciary bear the heavy burden of public scrutiny and are therefore held to higher standards of conduct."

Since the senators call themselves judges and are, in fact, wearing judicial robes, they should behave with a modicum of decency and respect for all witnesses and lawyers for the prosecution and defense. The CJCA reminds them: "Every act or omission of a justice or a judge, whether part of one's official duties or not, is viewed closely and critically by the public at large. These acts or omissions then form part of the overall perception not only of the justice or judge in question, but more importantly, the entire Judiciary and reflects, deservedly or not, its capacity to administer justice"

The Preamble of the CJCA states: Constitutionally, a judge must be of proven competence, integrity, probity, and independence to qualify for the office. As the visible representation of the Judiciary, a judge's professional and personal conduct should inspire confidence in the institution. Public confidence is fostered not only by action but also by perception. A judge must, therefore, not only behave ethically but must likewise be perceived to act ethically". To me, it means if one is not competent, he must at least have good manners. 

On the use of social media, since a number of senators continue to use digital platforms, while forming their duties both as legislators and as impeachment judges, Section 22 of the CJCA provides: Responsible use of social media by a judge. – A judge shall use social media or other digital or online platforms with caution and circumspection, fully aware of its universality and public accessibility, always conscious that inappropriate social media behavior may diminish public confidence in the judge and in the judicial system"

Jurisprudence instructs us that judges are strictly enjoined to be patient, polite, and civil to all litigants, lawyers, and witnesses. Exhibiting a hostile or severe demeanor tends to terrify or confuse witnesses, obstructing the true presentation of fact.

On this, I admire the demeanor of Senators Bam Aquino, Risa Hontiveros, Kiko Pangilinan, Miguel Zubiri, Joel Villanueva, JV Ejercito, Tito Sotto, Ping Lacson and even presiding officer Chiz Escudero and Senate President Win Gatchalian.  

Under the Rules of Evidence, a witness has the explicit right to be protected from irrelevant, improper, or insulting questions, and from a harsh or insulting demeanor by anyone in the courtroom, including the presiding magistrate.

 A judge who displays gross discourtesy, intemperate language, or oppressive conduct toward participants in a proceeding violates judicial canons on propriety and decorum, making them subject to administrative sanctions such as fines or suspension.

Therefore, the presiding officer should admonish that senator who called a witness stupid and advise him to be more circumspect with his demeanor and language. The impeachment trial is not a radio or TV program where a privileged host could bully, berate and insult anyone on air.