A judge must not only be honest but must appear honest
It must have been quite painful for both the Bench (the country's judges and justices) and the Bar (all the lawyers) to see a brethren being disrobed by the highest court of the land. No matter what the facts of the case are, and regardless of his guilt or innocence, the misfortune of one affects all. But that is how the cookie crumbles, so to say. The majesty of the law must be upheld. No one is above the law, not even a Sandiganbayan justice, not even a former Chief Justice who has been impeached. Day in and day out the highest court of the land orders the suspension and/or the dismissal of lower court justices and judges for various grounds, ranging from conduct unbecoming of a magistrate, for dishonesty, for dereliction of duty and for gross ignorance of the law.
I'm teaching LEGAL ETHICS and JUDICIAL ETHICS in two of the law schools here in the capital, and I am helping mold the character of future members of the Bar, and future judges and justices. Since the early eighties, I have been doing this and many of my former students are now judges in the regional trial courts and metropolitan city and municipal and circuit courts. This subject is the equivalent of GOOD MANNERS AND RIGHT CONDUCT and much, much more. Some of them are congressmen and mayors, including our own incumbent mayor of Cebu City and the Mayor of Marikina City. Those who are in the judiciary do keep in touch with me and consult me on some intricate issues involving ethics and judicial demeanor.
The Cannons of Judicial Ethics start with a preamble that says that "An honorable, competent and independent judiciary exists to administer justice and thus promote the unity of the country, the stability of government, and the well-being of the people." Cannon Number One says: A judge should uphold the integrity and independence of the judiciary. Among others, he must administer justice impartially and without delay. The most vital part is: "A judge must be vigilant against any attempt to subvert the independence of the judiciary and resist any pressure from any source."
The annals of jurisprudence reveal that many judges were dismissed for a lot of reasons, most involving integrity, impropriety, and gross negligence. The Supreme Court stresses that life, liberty and property hang on the balance every time a judge wields judicial power. Reckless judges make justice a tormenting illusion to our people. (250 SCRA 560). Judges should master the law for how could they apply them if they suffer gross ignorance. That by itself is a ground to dismiss him. He must keep himself abreast with the law and the latest jurisprudence. (247 SCRA 175).
Above all, a judge has both the duty of rendering a just decision and of deciding in a manner completely free from suspicion as to its fairness and as to his integrity. While judges should possess proficiency in law, it is more important that they should act and behave in such a manner that the parties to the cases before them should have continuing confidence in their impartiality. A judge must not only be impartial but must appear impartial. (73 SCRA 315). Like Caesar's wife, judges must be beyond reproach, above suspicion. They should avoid wrong company, be temperate in words, and impeccable in manner. They should never deserve the title that President Erap used before: " hodlooms in robes."
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