New Code of Judicial Ethics

CANON 5: EQUALITY

Canon 5 declares that all are equal before the

courts as far as treatment is concerned. Judges
consequently are required to make themselves aware of
the different facets of society. Race, religion, marital
status, sexual orientation and so on shall be taken into
consideration. Consequently, a judge can't say or do
anything that shows bias to any person or group on
irrelevant grounds while in the performance of his
official duties. A judge will therefore discharge his
duties while giving appropriate consideration to all
people he encounters when doing his job.

As the guardian of justice, courts

must adhere to the principle of equality.
Equality
means the ability of the court to
imposed proper justice impartially without
any favor as to the social status, degree of
education and even physical disabilities
upon any individual.

CANON 5 SECTION 1.
Judges shall be aware of and
understand diversity in society and
differences arising from various sources,
including, but not limited to, race, color,
sex, religion, national origin, caste,
disability, age, marital status, sexual
orientation, social and economic status,
and other like causes.

Judges should be aware of the various international

instruments adopted by the Philippines which affirm the
equality of all human beings without any distinction as to
race, sex, language, education or status in life.
International Instruments adopted by the Philippines:
1. International Convention on the Elimination of All
Forms of Racial Discrimination New York, 7 March 1966
signed by Philippines on March 7, 1966 and ratified in the
country on September 15, 1967.
2. The Universal Declaration of Human Rights.
3.Vienna Declaration and Programme of Action
Adopted by the World Conference on Human Rights in
Vienna on 25 June 1993

Canon 5 Section 2

Judge shall not, in the performance of judicial

duties, by words or conduct, manifest bias or
prejudice towards any person or group on irrelevant
grounds.
By adhering to the principle of equality to all, judges shall
not entertain bias or prejudice by reason of the race, color, sex,
religion, age, marital status of litigants seeking justice in his
court.

Canon 5 Section 3
Judges shall carry out judicial duties with appropriate
consideration for all persons, such as the parties, witnesses, lawyers,
court staff and judicial colleagues, without differentiation on any
irrelevant ground, immaterial to the proper performance of such
duties.
Judges must have the right attitude to lawyers, litigants, witnesses and
all others appearing before his court. Judges must be temperate, patient and
courteous to counsel. Patience, attention and courtesy to inexperienced
lawyers are specially directed. Arrogance of judges must be repressed. A
judges official conduct should be free from impropriety and the
appearance of impropriety.

CASE: Atty. Raul L. Correa vs. Judge Medel Arnaldo B.

Belen, Regional Trial Court, Branch 36 Calamba City,
A.M. No. RTJ-10-2242, August 6, 2010.
A judge is the visible representation of the law. Thus, he must
behave, at all times, in such a manner that his conduct, official or otherwise,
can withstand the most searching public scrutiny. The ethical principles and
sense of propriety of a judge are essential to the preservation of the peoples
faith in the judicial system. A judge must consistently be temperate in words
and in actions. Respondent Judge Belens insulting statements, tending to
project complainants ignorance of the laws and procedure, coming from his
inconsiderate belief that the latter mishandled the cause of his client is
obviously and clearly insensitive, distasteful, and inexcusable. Such abuse
of power and authority could only invite disrespect from counsels and from
the public. Patience is one virtue that members of the bench should practice
at all times, and courtesy to everyone is always called for.

Cabreana vs Avelino, 107 SCRA 640

Be temperate, patient, and impartial, having always in
mind that every litigant is entitled to nothing short of the
cold neutrality of an independent, wholly-free,
disinterested and impartial tribunal.

Court staff or others under the influence,

direction or control of the judge shall not discriminate
against anyone in the performance of their duties.