29.

After the pre-trial of a civil case for replevin, Judge D advised B’s counsel to settle the case
because according to Judge D, his initial assessment of the case shows that B’s evidence is
weak. Did Judge D commit an act of impropriety? Explain

SUGGESTED ANSWER:

Yes, Judge D violated Canon 3, Impartiality, of the New Code of Judicial Conduct for the
Philippine Judiciary.

Under Section 4 Canon 3 of the New Code of Judicial Conduct for the Philippine
Judiciary, it states that 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.

In the case at bar, Judge D advised B's counsel to settle the case, due to lack of
evidence, knowing that only a pre-trial has been materialized. He should not make any
comment that might reasonably be expected the effect the outcome of the proceedings or impair
the manifest fairness of the process.

Therefore, Judge D violated the New Code of Judicial Conduct for Philippine Judiciary.

**kung mahaba ung sec.4 sa inyo sinc hindi siya under CPR, pwedeng ung canon 3 lng ng
NCJC:

Under Canon 3 of the New Code of Judicial Conduct for the Philippine Judiciary, it states that
impartiality is essential to the proper discharge of the judicial office. It applies not only to the
decision itself but also to the process by which the decision is made.