Judges shall ensure that not only is their conduct above reproach, but that it is perceived to be so in the view of a reasonable observer. - A.M. No. RTJ-09-2200

See - A.M. No. RTJ-09-2200





"x x x.

On the Ground of Conduct
Unbecoming of a Judge

On the allegation of conduct unbecoming of a judge, Section 6, Canon 6 of the New Code of Judicial Conduct states that:

SECTION 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 judge deals in an official capacity. Judges shall require similar conduct of legal representatives, court staff and others subject to their influence, direction or control.39

A judge should always conduct himself in a manner that would preserve the dignity, independence and respect for himself/herself, the Court and the Judiciary as a whole. He must exhibit the hallmark judicial temperament of utmost sobriety and self-restraint.40 He should choose his words and exercise more caution and control in expressing himself. In other words, a judge should possess the virtue of gravitas.41

As held in De la Cruz (Concerned Citizen of Legazpi City) v. Judge Carretas,42 a judge should be considerate, courteous and civil to all persons who come to his court; he should always keep his passion guarded. He can never allow it to run loose and overcome his reason. Furthermore, a magistrate should not descend to the level of a sharp-tongued, ill-mannered petty tyrant by uttering harsh words, snide remarks and sarcastic comments.

Similarly in Attys. Guanzon and Montesino v. Judge Rufon,43 the Court declared that "although respondent judge may attribute his intemperate language to human frailty, his noble position in the bench nevertheless demands from him courteous speech in and out of court.

Judges are required to always be temperate, patient and courteous, both in conduct and in language."

Accordingly, the respondent’s unnecessary bickering with SCP’s legal counsel, her expressions of exasperation over trivial procedural and negligible lapses, her snide remarks, as well as her condescending attitude, are conduct that the Court cannot allow. They are displays of arrogance and air of superiority that the Code abhors.

Records and transcripts of the proceedings bear out that the respondent failed to observe judicial temperament and to conduct herself irreproachably. She also failed to maintain the decorum required by the Code and to use temperate language befitting a magistrate. "As a judge, [she] should ensure that [her] conduct is always above reproach and perceived to be so by a reasonable observer. [She] must never show conceit or even an appearance thereof, or any kind of impropriety."44

Section 1, Canon 2 of the New Code of Judicial Conduct states that:

SECTION 1. Judges shall ensure that not only is their conduct above reproach, but that it is perceived to be so in the view of a reasonable observer.

In these lights, the respondent exhibited conduct unbecoming of a judge and thus violated Section 6, Canon 6 and Section 1, Canon 2 of the New Code of Judicial Conduct.

x x x."

A.M. No. RTJ-09-2200               

April 2, 2014
(formerly OCA I.P.I. No. 08-2834-RTJ)

ANTONIO M. LORENZANA, Complainant,
vs. 

JUDGE MA. CECILIA I. AUSTRIA, 

Regional Trial Court, Branch 2, Batangas City, Respondent.