2010 Legal and Judicial Ethics, Q17

Judge X was invited to be a guest speaker during the annual convention of a private organization which was covered by media. Since he was given the liberty to speak on any topic, he discussed the recent decision of the Supreme Court declaring that the President is not, under the Constitution, proscribed from appointing a Chief Justice within two months before the election.
In his speech, the judge demurred to the Supreme Court decision and even stressed that the decision is a serious violation of the Constitution.
a. Did Judge X incur any administrative liability? Explain. (3%)
b. If instead of ventilating his opinion before the private organization, Judge X incorporated it, as an obiter dictum, in one of his decisions, did he incur any administrative liability? Explain. (3%)

Quick check

May a judge publicly denounce a decision of the Supreme Court during a media-covered convention?

What administrative offense is committed by a judge who uses an obiter dictum in a decision to attack Supreme Court precedent?

What is the obligation of lower court judges regarding decisions and doctrines rendered by the Supreme Court?

Does a judge's constitutional freedom of expression allow public disparagement of final judicial rulings?

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Why is incorporating personal criticism of Supreme Court decisions as an obiter dictum ethically improper?

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1. Judicial Public Criticism
Under the New Code of Judicial Conduct, judges are bound to observe propriety, prudential restraint, and respect for the Supreme Court. While scholarly discussion of legal principles is permissible in academic settings, publicly denouncing a decision of the High Court in a media-covered event degrades the dignity of the judiciary. Judges must refrain from making public comments that undermine public confidence in the administration of justice or disparage final judicial rulings.

2. Obiter Dictum Abuse
A judge who uses a judicial decision as a personal forum to attack Supreme Court rulings through an obiter dictum commits administrative misconduct. Trial judges are duty-bound to apply precedents laid down by the Supreme Court with deference and fidelity. Expressing personal disdain or judicial arrogance within court decisions distorts the proper judicial function, undermines statutory doctrine, and constitutes conduct unbecoming a member of the bench.

3. Respect for Precedents
Lower court judges are bound by the doctrine of stare decisis and must respect decisions rendered by the Supreme Court as the final arbiter of constitutional issues. While a magistrate may entertain personal intellectual disagreements with established jurisprudence, expressing such disagreement in public speeches or court orders erodes institutional authority. Inferior court judges must adhere to superior court precedents to maintain stability, predictability, and public trust in the judicial system.

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The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026