LEGAL ETHICS:THE NEW CODE OF JUDICIAL CONDUCTCANON 6COMPETENCE AND DILIGENCEREPORTERS:BASALLO, ALYSSA MAEGELUZ, JOICEILUSTRE, VERONICANUGUIT, APRIL LOVEPELAYO, RANZEL SZANIASANTOS, JANINESEMETARA, MA. RICHELLESUBMITTED TO:ATTY. LALUNACANON 6COMPETENCE AND DILIGENCECompetence and diligence are pre-requisites to the due performance of judicial office. Judicialoffice demands competence and diligence. The administration of justice, the Supreme Courtaffirms,is a sacred task ... and upon assumption to office,a judge ceases to be an ordinarmortal. !ebecomesthe"isiblerepresentationofthela#andmoreimportantl,ofjustice.$!ence, theConstitutionprescribes that hemust beapersonof pro"encompetence,as arequisite of his membership in the Judiciar.%SECTION 1. The judicial duties of a judge tae !"ecede#ce o$e" all othe" acti$ities.Though a judge has a dut to not sit #here disqualified, a judge has an equall strong dut nottorecuse himself #henthe circumstances donot require recusal.&'mendedin$()*, an'merican statute mandates that a judge sit in a case unless there is a reasonable question as to thejudge+s impartialit.* Thus, a judge should not recuse himself simpl to a"oid sitting on difficultor contro"ersial cases.,%e& Lea$es of A'se#ce (ithout A!!"o$al of )udge E"ic T. Calde"o#* Mu#ici!al T"ial Cou"tof Calu+!it* ,ulaca#-A.M. No. ./0/01120MTC* )a#ua"3 46* 1...5-nthis case, an.TCJudge#as dismissedfromser"icebecauseof gross misconduct andabandonmentofhisofficethroughhisunappro"ed/ea"esofabsencerepeatedlincurredbhim.!eld0 1n the basis of the records presented and the result of the foregoing medical e2aminationand e"aluation report, #e are ineluctabl constrained to find Judge Calderon+s frequent lea"es ofabsence to be ine2cusable and his e2planation de"oid of merit. 's recommended, these frequentabsences for prolonged periods are deser"ing of serious sanctions including dismissal from theser"ice if onl to a"oid "er gra"e prejudice to the administration of justice.!eundoubtedlshouldha"ebeenmoreconsciousofhiscourt duties, as#ell asmorecautious of his actuations, than he has heretofore sho#n in the performance of his functions andthe discharge of his responsibilities to the Court and the citi3enr. 4urther, he should ha"e beena#are that, in frequentl lea"ing his station, he has caused great disser"ice to man litigants andhas denied them speed justice. -t could be fairl concluded b just going o"er his record offrequent and prolonged lea"es that he had habituall abandoned his sala in Calumpit, 5ulacan,for no justifiable e2cuse at all.SECTION 4. )udges shall de$ote thei" !"ofessio#al acti$it3 to judicial duties* 6hich i#clude#ot o#l3 the !e"fo"+a#ce of judicial fu#ctio#s a#d "es!o#si'ilities i# cou"t a#d the +ai#gof decisio#s* 'ut also othe" tass "ele$a#t to the judicial office o" the cou"t7s o!e"atio#s.6iolations of this section often in"ol"e a failure to keep records or handle funds in compliance#ith court rules.7 'n e2cessi"e caseload might pro"ide a defense if, for e2ample, the caseload isduetotheunusual absenceofanothermagistrate.)!o#e"er,ifthee2cuseforthefailuretocompl#iththerulesisthegeneral insufficiencofstaff, thejudgemastill besubject todiscipline.8IN %E& LONG,OAN $s. POLIG-1/6 SC%A 2285!eld0 ' judge is e2pected to ensure that the records of cases assigned to his sala are intact. There is no justification for missing records sa"e fortuitous e"ents. The loss of not one but eight records is indicati"e of gross misconduct and ine2cusable negligence unbecoming of a judge. 4ortrue professionalism in the bench to e2ist, judges #hose acts demorali3e the ethical standards of a judicial office and #hose acts demonstrate unfitness and un#orthiness of the prestige and prerequisites attached to said office must be #eeded out.-n the instant case, respondent judge e"en impeded the speed disposition of cases b his successor on account of missing records of cases. This fact reflects an inefficient and disorderl sstem in the recording of cases assigned to his sala. 'lthough blame can also be con"enientl laid on the court personnel9s mismanagement of the records of cases, proper and efficient court management is as much the judge9s responsibilit for the Court personnel are not the guardians of a Judge9s responsibilities.IN %E& CA%STENSEN!eld0 Judge Carstensen failed to make and timel file accurate and complete records of the matters pending before him in persistent, flagrant disregard of rule %::.;AN DELA C%>B DGE CA%ITAS O@ %TC LEGASPICIT? -A.M. No. %T)018041;95!eld0 ' judge #ho is inconsiderate, discourteous or unci"il to la#ers, litigants or #itnesses #hoappear in his sala commits an impropriet and fails in his dut to reaffirm the people+s faith inthe judiciar. The respondent Judge "iolated section 7 of Canon 7 of Code of Judicial Conduct. -tis reprehensible for a judge to humiliate a la#er, litigant or #itness. The act betras lack ofpatience, prudence and restraint. Thus, a judge must at all times be temperate in his language. !emust choose his #ords, #ritten or spoken, #ith utmost care and sufficient control. The #ise andjust man is esteemed for his discernment. Cleasing speech increases his persuasi"eness.)OCEL?N ,%IONES $s. )>DGE @%ANCISCO ANTE )%.-A.M. No. MT)01401;11* A!"il 11* 41145!eld0 The respondent judge #as guilt of committing acts unbecoming of a judge and abuse ofauthorit #hen he shouted in"ecti"es and thre# a chair at the complainant, resulting in #rist andother injuries to the complainant. MAN>.& '5' 'nnotated .odel Code of Judicial Conduct =%::*>, Commentar, Canon &5=$>, citing /aird ". Tatum, *:( G.S. 8%* =$()%>.* %8 G.S.C.'.L **,., 'nnotations to 'merican 5ar 'ssociation Code of Judicial Conduct, Canon &5=$>, citing Gnited States". Klick, (*% 4.%d &&, =*th Cir. $(($>.7 See -n re 5raun, 88& C.%d ((7 ='ri3. $((*>@ -n re Carstensen, &$7 H.?.%d 88( =-o#a $(8%>.) See -n re T#man, *&) S.A.%d )7* =?.6a. $((&>8 -n re /ong, ))% C.%d 8$* =Man.$(8(>( 'jeno ". -nserto, ) SC.$$ SeeKuerrero+s Transportation Ser"ices, -nc. ". 5lalock Transportation Ser"ices Amploees 'ssociation B Milusan, K.