NEW CODE OF JUDICIAL CONDUCT FOR THE PHILIPPINE JUDICIARY: A Brief History

In 1946, first Canons of Judicial Ethics for the Philippines came into effect
Approved by the Manila Judges of the CFI and Peoples Court
1

Proposed by the Philippine Bar Association, but largely based on American
version

1 August 1946, Justice Secretary Ramon Ozaeta issued Administrative Order No. 162
adopting the Canons of Judicial Ethics for the guidance and observation by all
judges under the administrative supervision of the Department of Justice
Had 31 sections addressing topics ranging from relations of the judiciary, the
public interest, and avoidance of appearances of impropriety, to
independence, essential conduct, industry and promptness and punctuality.
These canons created standards for both official and private judicial conduct
Proved to be ineffective as the Canons lacked provisions on sanctions for
violations, and since they were for the guidance and observation of judges
only
2


26 Dec.1988, Chief Marcelo Fernan created a committee to draft proposed Code of
Judicial Conduct. The draft was submitted to the SC on 25 Aug. 1989
Principal sources were (1) Canons of Judicial Ethics (AO No. 162); ABA Code of
Judicial Conduct; 1987 Constitution; Rules of Court; applicable laws and
jurisprudence, as well as SC administrative orders and circulars

5 Sept. 1989, SC unanimously approved the revised Code and became effective on
20 Oct. 1989.
Had 5 Canons (containing general principles of judicial conduct) and 32 Rules
(prescribed specific conduct required of judges
SC imposed penalties in admin. cases against judges and court personnel in
order to promote compliance

25 & 26 Nov. 2002, then Chief Justice Hilario Davide represented the Philippine SC at
a Roundtable Meeting of Chief Justices at the Peace Palace, The Hague.
Judicial Group on Strengthening Judicial Integrity amended and approved
the Bangalore Draft
Draft was submitted to the Philippine SC for further comment

27 April 2004, draft code was promulgated by Administrative Matter Number 03-
05-01-SC
Published in Manila Bulletin and Philippine Star on 3 May 2004, and took
effect on 1 June 2004


1
Yielding to American pressure, on 25 September 1945, the Congress enacted C.A. No. 682 creating the
People's Court and the Office of Special Prosecutors to deal with the pending cases of "collaboration"
2
G.A. MALCOLM, LEGAL AND JUDICIAL ETHICS 199 (1949)
OBJECTIVE:

Bangalore Draft was intended to be the universal declaration of judicial standards,
and is founded on the following principles:

a universal recognition that a competent, independent and impartial judiciary
is essential if the courts are to fulfill their role in upholding constitutionalism
and the rule of law;
that public confidence in the judicial system and in the moral authority and
integrity of the judiciary is of utmost importance in a modern democratic
society; and
that it is essential that judges, individually and collectively, respect and honor
judicial office as a public trust and strive to enhance and maintain confidence
in the judicial system.