Beruflich Dokumente
Kultur Dokumente
By
Gabriel T. Ingles
I. Introduction
Common goal
The Bench and the Bar share the same goal – the
promotion and dispensation of justice through the Rule of
Law.
Truth means, the conformity between what one says and what
is.
The Bench cannot exist without the aid of the Bar and vice-
versa. Their mutual cooperation in the administration of
justice is indispensable.
In sum-
d. LAW as PROFESSION
In sum-
Louis XII said, “Lawyers are those who use the law as
shoemakers use leather; rubbing it, pressing it and
stretching it with their teeth, all to the end of making it fit
their purposes.”
(2) Trust
(a) For Judges:
Negative views on the judiciary were manifested in 1993 by
the results on a question asking the respondents how many
judges were trustworthy.
Adding the None and Few responses would sum up the distrust
for the judges while the sum of Many and Most responses
would sum up the trust. Net distrust was dominant, and it
became higher, the lower one’s socio-economic class: +7
percentage points for class ABC, +10 for class D, and +11 for
class E.
(3) Competence
(a) For Judges:
As regards the perceived number of judges who were
competent or “good at work”, the 1993 survey found that :
2% said None, 41% said a Few, 47% said Many, and 10%
said Most. In other words, a majority (57%) answered
positively (agreed that many or most judges were good at
work), and a large minority (43%) answered negatively
(“few” or “none”).
The survey asked about the pace of the courts from the
time the case is filed.
The survey also asked about the pace of the courts from
the time the case is submitted for decision.
This yields a similar distribution: 2% said Speedy,
33%/43% said Reasonable, and 63%/54% said Too
Slow/Much Too Slow.
Corruption of Judges
They were also asked about the usual pace of the courts
from the time the case is submitted for decision. Again the
dominant sentiment is that the pace is reasonable: 82% in
RTCs, 80% in MTCs.
On Corruption
The judges were asked to assess whether the number of
corrupt judicial professionals and personnel were Very
Many, Many, Some, A Few, or Very Few/None.
Among RTC judges, the responses are 14% for Very Often
or Often, 22% for Sometimes, and 25% for Occasionally,
Rarely or Never. A large 35% Can’t Decide. The pattern of
responses among MTC judges is the same.
“Where among the following courts do you find
corruption?”
All the foregoing facts are lifted from the book Monitoring the
State of the Judiciary and the Legal Profession published by the
Social Weather Stations in cooperation with the Cordillera
Studies Center, University of the Philippines College Baguio.
25 January 2005
New SWS Study of the Judiciary and the Legal
Profession Sees Some
Improvements, But Also Recurring Problems
Survey background
General performance
The new SWS study finds 69% of lawyers satisfied, and only
27% dissatisfied, with the general performance of trial
judges in the Philippines. [Table 1]
Special courts
Judicial procedure
Corruption
Institutional ratings
Among seven institutions whose performance was rated by
both lawyers and judges, the Supreme Court scored the
highest, while the Philippine National Police scored the
lowest, and very unfavorably. [Tables 12-13]
Job satisfaction
Sources:
The Lawyers Review, July 31, 2006, “The Role of the Bench and
the Bar in the Administration of Justice”, by Atty. Leon L. Asa
Monitoring the State of the Judiciary and the Legal Profession,
by Mangahas, la Vina, Rood, Casambre and Arroyo
Philippine Political Law, by Neptali Gonzales
Legal and Judicial Ethics, First Edition 2009 by Atty. Dennis B.
Funa
One sure way is, as already said, not only to know and
understand the ethical principles underlying our profession as
lawyers, but also, committing ourselves to them and putting
them into action because legal ethics:
3.) It also provides the basis for the weeding out of the
unfit and the misfit in the legal profession for the
protection of the public. ( Legal and Judicial Ethics, 1994 Ed.
Ernesto Pineda)