Senator-judges travelling abroad with impeached officials

It isn’t enough that judges are imbued with propriety. Their behavior must at all times be proper. It isn’t enough that they are impartial. They must behave in a manner that doesn’t show any taint of partiality. Like Caesar's wife, their life must be beyond reproach.

How can we expect a fair and just decision in an impeachment court when senator-judges are openly travelling abroad with the impeached Vice President Sara Duterte, aside from the fact that one of the said senator-judges even moved to dismiss, amended to motion to remand? Senators Imee Marcos and Robinhood Padilla openly and unabashedly travelled with the vice president in Kuala Lumpur, Qatar, and Europe.

Since the incumbent senators are no longer merely members of the Senate, took an oath to decide the impeachment articles fairly, and started wearing the highly-symbolic judicial robes, they should behave in a manner beyond reproach. Travelling abroad together with the impeached vice president is a blatant breach of that solemn duty.

Canon 1 declares that judicial independence is a prerequisite to the rule of law and a fundamental guarantee for a fair trial. A judge shall therefore uphold judicial independence. This canon is, to my mind, openly violated when senator-judges not only travel together with the impeached official, but also deliver speeches practically prejudging and exonerating her. Canon 2 provides that integrity is essential not only to the proper discharge of the judicial office but also to the personal demeanor of judges.

Canon 3 declares that impartiality is essential to the proper discharge of the judicial office. It applies not only not only to the decision itself but also to the process by which the decision to be reached. Section 2 of Canon 3 provides that judges shall ensure that his or conduct, both in and out of court, maintains the confidence of the public, the legal profession and litigants in the impartiality of the judiciary. The confidence of the public, to my mind, has been eroded by the actions of some senator-judges.

Section 3 Canon 3 provides that judges should minimize the occasions on which it will be necessary for them to be disqualified from hearing a case. The following Section 4, Canon 3 might have been violated by Senators Marcos and Padilla: Judges shall not knowingly, while a proceeding is before or could come before them, make any comment that might reasonably be expected to affect the outcome of such proceeding or impair the manifest fairness of the process. Nor shall judges make any comment in public or otherwise that might affect the fair trial of any person or issue.

The canon further postulates that judges shall disqualify themselves from participating in any proceeding in which they are unable to decide the matter impartially. This is clear in Section 5 of Canon 3. Further, Canon 4 provides that propriety and the appearance of propriety are essential to the performance of the activities of any judge. It is my firm opinion that what they have done doesn’t manifest an appearance of propriety for a senator-judge.

In connection with Canon 4, section 1 thereof provides that judges should avoid acts of impropriety. Section 2 of the same canon declares that since judges are subject to constant public scrutiny, judges must accept personal restrictions that might be viewed as burdensome by the ordinary citizen. Judges should impose upon themselves such burdens freely and willingly. They should behave in manners consistent with the dignity of the judicial office. Even as we admit that senators are politicians, while the impeachment is bending before their chamber, they should abide by these stricter standards.

It’s common knowledge that Senator Marcos travelled with Sara in Kuala Lumpur, Qatar, and Europe at a time when the articles of impeachment have already been transmitted by the House to the Senate. Senator Robinhood Padilla was also on the same trip to KL and to The Hague. These improper behavior should beg the question of propriety and impartiality, We, the sovereign Filipino people, have the right to ask questions, raise this as a red flag and cannot help but lose confidence in the judicial probity of such senator-judges.

Like Caesar's wife, senators who act as judges shouldn’t only be impartial. They should behave with all the badges of impartiality. They should not only be fair but also appear to be fair. Using the principle of "res ipsa loquitur" or the thing that speaks for itself, I have reasonable doubt on these judges' impartiality.