yaml2mindmap/data/judicial.yaml

judicial ethics:

    canon 1:

        childrenDirection:down
        INTEGRITY:

            pre-requisite of the rule of law
            fundamental guarantee to a fair trial
            in both individual and
            institutional aspects

        exemplify the two aspects:

            individual independence
            institutional independence

        unswayed by:

            partisan or personal interest
            public opinion or fear of criticism

        laws:

            RA 3019 - anti graph
            Artile 204 - rendering unjust judgment

        a judge's family:

            spouse
            sons and daughters
            son and daughter-in-law
            consanguinity or affinity with 6 degrees
            companion or employee who lives in household


    canon 2:
        INTEGRITY:

            proper discharge of office
            personal demeanor
            steadfast adherence to strict moral and ethical code
            justice done but also seen to be done

    canon 3:

        childrenDirection:down
        IMPARTIALITY:

            applies not only to the decision itself\nbut also to the process it is made
            no consciousness or sense of favor, bias or prejudice

        rule of necessity:
            a biased judge is better than no judge at all
        disqualification (section 5):

            1. actual bias or personal knowledge on evidentiary facts
            2. previously served as lawyer
            3. member of family has pecuniary interest in outcome
            4. served as guardian, executor, administrator\nformer associate served as counsel during the association\nwas material witness
            5. ruling in a lower court under his review
            6. related 6th degree to litigant, 4th degree to counsel
            7. child, spouse, has financial interest in the subject matter

        remittal:

            1. Disclosure
            2. incorporated in the Records
            3. Acceptance by all
            4. Writing

        under rules of court:

            1. wife, child, pecuniary interest
            2. related 6th, 4th
            3. executor, guardian, trustee or counsel
            4. presided in a lower court

        voluntary inhibition:

            sound discretion
            just and valid reasons
            prejudice must be shown from extraneous sources


    canon 4:
        direction:left

        childrenDirection:down
        PROPRIETY:
            free from any whiff of impropriety
        section 8:

            not use position to advance private interest
            not give impression that she can be influenced

        confidential information, violation:

            RPC 229, revelation of secrets by officer
            RPC 230, revelation of secrets of private individual
            RA 3019 Sec 3[k] divulging valuable information, officer

        extra-activities of judges:

            judicially-related activities\n... consti prohibits quasi-judicial functions
            must not detract from the dignity of judicial office
            must not interfere with performance

        financial activities:

            1. reflect adversely
            2. interfere with performance
            3. persons and lawyers likely to come before court

        fiduciary activities:

            gr, not serve as:

                a. executor
                b. administrator
                c. trustee
                d. guardian

            except:
                immediate family member\naa.limited to spouse\nb.relative within 2nd degree\n..by consanguinity

        prohibited from private practice:
            not private practice:

                not habitual or customarily holding
                isolated cases

        cannot act:

            gift:

                insignificant value
                regularity of the occasion
                source of the gift\n..from party-litigant, value is immaterial

            loans
            favors


    canon 5:
        direction:left
        EQUALITY:

            no bias from judge
            from staff
            from lawyers

    canon 6:
        direction:left
        COMPETENCE:
            earnest willigness and capability to promptly do\nwhat is required in accordance to rules
    Liabilities:
        direction:left

        not liable in absence of fraud, dishonesty, or corruption
        except:

            when error is so gross or patent
            or when procedure is so basic or elementary

        civil:

            Article 27
            Artilce 32
            damages in general

        rpc:

            1. Article 204, unjust judgment
            2. Article 205, judgment rendered through negligence
            3. Article 206, unjust orders

        serious charges:

            bribery
            dishonesty
            gross misconduct
            unjust judgment
            gross ignorance

        less serious charges:

            undue delay in rendering decision
            habitual absences, tardiness
            unauthorized practice
            simple misconduct

        light charges:

            vulgar and unbecoming conduct
            gambling
            fraternizing with lawyers and litigants
            undue delay is reports


    Discipline:
        direction:left

        serious misconduct:
            implies malice or wrongful intent
        inefficiency:
            incompetence, gross negligence
        filing:

            SC motu proprio
            verified complaint with affidavits
            anonymous complaint with public record of indubitable integrity

        administrative proceeding ~ substantial evidence
        disbarment ~ preponderance