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MONITORING INDICATORS

Why is there a need to


monitor the conduct of judges?

Functions of a
Judge
Duty to uphold the Constitution and the
rule of law;
Competent, Independent, and Impartial;
Honor judicial office as a public trust;
Fundamental guarantee
a FAIRHERE
TRIAL.
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Source: Agpalo, Legal and Judicial Ethics, p. 598.

4 Key Aspects
to be Monitored?

1. Speedy Disposition of Cases

1. Speedy Disposition
of Cases

Justice delayed is justice denied.


Constitutional Guarantee under the Bill of Rights
Speedy disposition of cases: before all judicial,
quasi-judicial, or administrative agencies (16)
Speedy trial: for criminal cases (14, 2)
- in order to attain the salutary objective that
an innocent person may be free from the
anxiety and
expense
of
[protracted]
court
SLIDE TITLE HERE
litigation.Sub
(Tan
People,
G.R. No. 173637, April
Titlev.
Text
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1. Speedy Disposition
of Cases

Q: My court case is ongoing for more


than 10 years. Is there a violation of my
NOT necessarily
constitutional right?
Mere postponements: the prosecution should be
allowed reasonable continuance so as not to
deprive its day in court;
Must be VEXATIOUS, CAPRICIOUS, and OFFENSIVE
delays
(4) Factors: (a) length of delay; (b) the reason

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TITLE
HERE
for the delay; (c) the defendants assertion of
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Source: Corpuz v. Sandiganbayan, 442 SCRA 294, 312-

2. Accessibility of the Court

2. Accessibility of the
Court

Right to Information

Constitutional Guarantee under the Bill of Rights


Matters of Public Concern: official acts,
transactions, or decisions (7)
Limitations Provided by Law
Privileged Information: the need to preserve

and protect the integrity of [courts] main


adjudicative
function.
Therefore,
court
records SLIDE
that TITLE
are HERE
predecisional
and
deliberative
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character
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Source: SC En Banc Resolution dated February 1

2. Accessibility of the
Court

Medium Used to Disseminate Information


Basic Court Procedures
Information Wallsheets: understandable in plain
language
and
matched
with
illustrative
diagramsBarrier
Language
7,107 islands = 7,107 dialects: some litigants

are members of the indigenous groups which


do not understand the English or Tagalog
language. The courts must take additional
TITLE
measures SLIDE
to assure
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these litigants have a
Sub Title Text Goes Here
Source:
Maria Josefina
G. San Juan-Torres,
A Pro-Poor
basic comprehension of
the
pertinent
laws

3. Observance of Orderly Procedure

3. Observance of Orderly
Procedure
Procedural Law

Rule-Making Power of the Supreme Court


Rules of Court: civil and criminal procedure
Supplemented over time by the Supreme Court
Judicial Affidavit Rule: compulsory use of

judicial affidavits in place of the direct


testimonies of witnesses
Efficient Use of Paper Rule: litigants to submit
soft copiesSLIDE
of their
pleading
TITLE
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Title Text
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either by Sub
email
to the
Courts
e-mail address
Source: SC En Banc Resolution dated February 1

3. Observance of Orderly
Procedure

Mandatory Court Procedures

Duty of Judges to Follow Procedural Law


Compulsory Nature: the Supreme Court dismissed

a judge who is found to be grossly ignorant of


the law when he deviated from the mandatory
procedure required by procedural law. (Oktubre v. Velasco,
A.M. No. MTJ 02-1444, July 22, 2004.)

It is imperative that judges should be


conversant with the basic legal principles and
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HERE
with the changes
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the law
and with the latest
Sub Title Text Goes Here
decisions and precedents. (Agpalo, Legal and Judicial Ethics 79)

4. Impartiality, Neutrality, and Ethical


Standards of the Judge

4. Impartiality, Neutrality, and


Ethical Standards of the Judge

Lady Justice

Blindfolded Figure
Neutrality: without bias or favoritism;
Set of Scales
Impartiality:

balances the rights and


defenses
of
the
litigants
and
correspondingly weighs their merit
based on the evidence and arguments
Sword
presented;

SLIDE Power:
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Judicial
to legally resolve the issue,
Sub Title Text Goes Here
with finality.

4. Impartiality, Neutrality, and


Ethical Standards of the Judge

Judge is a visible representation of the


law & or
justice.
Avoid impropriety
the appearance of
impropriety

A judge whose duty is to apply the law and


dispense justice should not only be impartial,
independent and honest but should be perceived
to be impartial, independent and honest as
well. (Agpalo, Legal and Judicial Ethics 611)

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HERE
A judge should always show, in the discharge of
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Thank You!

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