Friday, March 2, 2012

OPINION: Judges must also be respectful - InterAksyon.com

OPINION: Judges must also be respectful - InterAksyon.com

"x x x.

In the case of Juan dela Cruz vs. Carretas (A.M. No. RTJ-07-2043), the Supreme Court , through Justice Renato Corona, castigated and penalized a judge for his arrogant treatment of lawyers and litigants. The ruling is enlightening, thus:

SEC. 1. Judges shall avoid impropriety and the appearance of impropriety in all of their activities

A judge should possess the virtue of gravitas. He should be learned in the law, dignified in demeanor, refined in speech and virtuous in character. Besides having the requisite learning in the law, he must exhibit that hallmark judicial temperament of utmost sobriety and self-restraint. In this connection, he should be considerate, courteous and civil to all persons who come to his court. A judge who is inconsiderate, discourteous or uncivil to lawyers, litigants or witnesses who appear in his sala commits an impropriety and fails in his duty to reaffirm the people’s faith in the judiciary. He also violates Section 6, Canon 6 of the New Code of Judicial Conduct for the Philippine Judiciary which provides:

SEC. 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. (emphasis supplied)

It is reprehensible for a judge to humiliate a lawyer, litigant or witness. The act betrays lack of patience, prudence and restraint. Thus, a judge must at all times be temperate in his language. He must choose his words, written or spoken, with utmost care and sufficient control. The wise and just man is esteemed for his discernment. Pleasing speech increases his persuasiveness.

Equanimity and judiciousness should be the constant marks of a dispenser of justice. A judge should always keep his passion guarded. He can never allow it to run loose and overcome his reason. He descends to the level of a sharp-tongued, ill-mannered petty tyrant when he utters harsh words, snide remarks or sarcastic comments. As a result, he degrades the judicial office and erodes public confidence in the judiciary.

No matter how incompetent a lawyer may be to the thinking of a judge, he or she has no right to ridicule, embarrass or condescend upon this lawyer. The judge may reprimand, but he or she must do so civilly for, after all, he or she is not king or queen in the courtroom but a public servant.

x x x."