Friday, March 3, 2017

Judicial error

Not every error or mistake committed by the judge in the exercise of his adjudicative functions will make him liable, unless his act is tainted with bad faith or a deliberate intent to do an injustice. To hold a judge administratively liable for gross ignorance of the law, his decisions/orders must not only be contrary to existing law or jurisprudence, but must also be motivated by bad faith, fraud, dishonesty or corruption.

Judicial Clemency

Judicial Clemency is not a privilege or right that can be availed of at anytime. Clemency as an act of mercy removing any disqualification should be balanced with preservation of public confidence in courts. Proof of remorse and reformation is one of the requirements to grant judicial clemency