a. Preamble; General Provisions

PREAMBLE; GENERAL PROVISIONS

Concept

Judicial ethics protects both the actual administration of justice and public confidence in it. A judge’s conduct matters because the public must be able to trust not only the result of a case, but also the court and the process by which the result was reached. The CJCA provisions in this note state broad duties; the succeeding canons develop particular standards of conduct. (Art. 3, CJCA)¹ (Art. 2, CJCA)²

Governing provisions

• Fealty to law: A judge must uphold the Constitution and the laws of the land. In case of doubt, the judge considers both the letter and the spirit of the law; where applicable law is absent or insufficient, the judge is guided by what is right, just, and fair. (Art. 1, CJCA)³
• Impartial discharge of duties: A judge must act without fear or favor, bias or prejudice. The judge must also appear impartial to a reasonable, fair-minded, and informed observer. (Art. 1, CJCA)⁴ (Art. 2, CJCA)²
• Fealty to the institution: A judge must discharge judicial functions faithfully so as to inspire confidence in the Judiciary. Justice must be done and must be seen to be done. (Art. 3, CJCA)¹

Requisites / Rules

• A judge whose family member within the fourth civil degree is politically active must recognize the possible effect on public perception and avoid activities compromising judicial independence or fairness. If a case calls either quality into question because of the family member’s position or activity, the judge must consider whether inhibition is appropriate; it is not stated as automatic. (Art. 10, CJCA)⁵
• Court officials and personnel must preserve the integrity and confidentiality of court records and evidence. Unauthorized alteration, destruction, omission of required entries, or distribution is prohibited; correction, expunction, disposal, or destruction pursuant to a court order is not prohibited. (Sec. 7, A.M. No. 25-06-11-SC)⁶
• Court officials and personnel must not use a social media account that hides their identity for the purpose of circumventing the law or the Code. The prohibited purpose, not anonymity alone, is material to this rule. (Sec. 17, A.M. No. 25-06-11-SC)⁷

Distinctions

Do not treat a judge’s duties and the express rules for court officials and personnel as interchangeable. Also distinguish actual impartiality from its appearance: the latter is assessed from the standpoint of a reasonable, fair-minded, and informed observer, not merely a dissatisfied litigant. (Art. 1, CJCA)⁴ (Art. 2, CJCA)² (Sec. 7, A.M. No. 25-06-11-SC)⁶

Key doctrines

Judicial office is a public trust demanding heightened competence and uprightness. Conduct outside the courtroom may therefore have ethical consequences when it damages confidence in the Judiciary; an implausible defense may also undermine a respondent judge’s credibility in an administrative case. (Re: Post in Social Media Page, "abogadong Pinoy," Relative to an Alleged Untoward Behavior, A.M. No. 23-04-15-SC, 1 July 2025)⁸ (Anonymous v. Bernardo, A.M. No. MTJ-26-056, 4 February 2026)⁹

Bar tip

In a problem, identify first whether the actor is a judge or court personnel. Then state the precise duty and explain its effect on public confidence; do not assume that a questioned appearance automatically requires inhibition. (Art. 10, CJCA)⁵ (Art. 3, CJCA)¹