PROPOSED REVISIONS TO

THE NEW CODE OF JUDICIAL CONDUCT FOR THE PHILIPPINE JUDICIARY

(A.M. No. 03-05-01-SC, 27 April 2004)

CANON 6
COMPETENCE AND DILIGENCE

PRESENT PROVISION PROPOSED AMENDMENTS COMMENTS NEW

COMMENTS/SUGGESTIONS
Sec. 1. The judicial duties of a Sec. 1. Judges shall be faithful to their judicial duties, and maintain the  Consider devoting another
judge take precedence over all highest professional competence and diligence. section for the provision on
other activities. “due regard to their overall
The judicial duties of a judge shall take precedence over all other well-being.”
activities with due regard to their overall well-being.
Sec. 2. Judges shall devote their Sec. 2. Judges shall devote their professional activity to judicial duties,  Note that there is a
professional activity to judicial which include not only the performance of judicial functions and proposal to transfer the
duties, which include not only responsibilities in court and the making of decisions, but also other administrative functions of
the performance of judicial tasks relevant to the judicial office. the court to a separate
functions and responsibilities in body.
court and the making of
decisions, but also other tasks
relevant to the judicial office or
the court’s operation.
Sec. 3. Judges shall take Sec. 3. Judges shall take reasonable steps to maintain and enhance their  J. Torres suggests replacingSec. 3. Judges shall hold
reasonable steps to maintain knowledge, skills which are more attuned to the times and the needs of the term “proper” to themselves to a high standard
and enhance their knowledge, the society and personal (J. Torres and Atty. De Venecia-Fabul) qualities “efficient” while of professional competence,
Atty.
skills and personal qualities necessary for the proper [efficient] (J. Torres) performance of judicial Vergara proposes toand shall take reasonable steps
necessary for the proper duties, taking advantage for this purpose of the trainings and other maintain the term “proper.” to maintain and enhance their
performance of judicial duties, facilities which should be made available under judicial control, to knowledge, skills which are
taking advantage for this judges. (J. Casaclang)  Both J. Torres and Atty. De more attuned to the times and
purpose of the trainings and Venecia-Fabul propose to the needs of the society, and
other facilities which should be - OR - delete the word “personal.” personal qualities necessary
made available under judicial for the proper efficient
control, to judges.
Sec. 4. Judges shall keep
themselves informed about
relevant developments of
international law, including
international conventions and
other instruments establishing
human rights norms
Sec. 5. Judges shall perform all
judicial duties, including the
delivery of reserved decisions
efficiently, fairly and with
reasonable promptness.
Sec. 6. Judges shall maintain
order and decorum in all
proceedings before the court
and be patient, dignified and
courteous in relation to
litigants, witnesses, lawyers
and others with whom the
Sec. 3. Judges shall hold themselves to a high standard of professional  On the other hand, J. performance of judicial duties,
competence, and shall take reasonable steps to maintain and enhance Villena proposes to add taking advantage for this
their knowledge, skills and personal qualities necessary for the proper another section after Sec. 3 purpose of the training and
performance of judicial duties, taking advantage for this purpose of the to read as follows: other facilities which should be
training and other facilities which should be made available, under made available, under judicial
judicial control, to judges. (Atty. Vergara) In the discharge of their control, to judges.
judicial functions, judges
must not only be perceived
by the public to be
impartial but they must
actually be free of personal
bias and decide cases
before them guided only by
the applicable law, rules,
and jurisprudence.
Sec. 4. Judges shall engage in continuing legal education, and keep
themselves abreast of the relevant developments or updates in the field
of law, including international law and norms. They shall likewise be
knowledgeable and competent in the use of technological tools that aid
in the discharge of their judicial and administrative functions.
Sec. 5. Judges shall be responsible for and effective in the management
of their court, court resources, and court personnel, ensuring honest
and prompt action in the delivery of the court’s services to litigants and
the public.
Sec. 6. Judges shall adopt reasonable means to ensure the punctual,  Consider transferring this Consider retaining the first
orderly, and efficient flow of court proceedings, and avoid delay in the provision to Sec. 4 or paragraph be retained in this
disposition of cases and administration of justice. before the provisions section, while the second
relating to the paragraph may be transferred
Judges shall maintain order and decorum in all court proceedings and administrative functions. to the Canon on Propriety.
shall be patient, dignified and courteous at all times, using gender-fair  Consider also transferring
language. Judges shall observe the same behavior outside the court this to the Canon on
judge deals in an official setting. Propriety.
capacity. Judges shall require
similar conduct of legal
representative court staff and
others subject to their
influence, direction or control
Sec. 7. Judges shall not engage Sec. 7. Judges shall not engage in conduct incompatible with the  There are no proposed
in conduct incompatible with diligent discharge of judicial duties. changes to this provision
the diligent discharge of judicial but consider transferring to
duties. the Canon on Propriety.