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JUDICIAL IMMUNITY

Definition

- A judge's complete protection from personal liability for exercising judicial function.1

- the acts of a Judge done in his judicial capacity are not subject to disciplinary action

unless the same were made with conscious and deliberate intent to do an injustice. 2

Concept

- rests upon a consideration of public policy, its purpose being to presere the integrity

and independence of the judiciary.

- is of uniersal application and applies to all grades of judicial officers from the

highest judge of the nation to the lowest officer who sits as a court.

Purpose

- !he purpose of this judicial immunity is to presere the acts and independence of the judiciary."

Judicial Immunity Of Judges In endering Judgment In !ood "ait#

- Judgments or judicial opinions which do not fall under Articles 2#$. 2#%, 2#&, 2 of the (eised )enal *ode, +ection"e of (.A. o. "#1/, Articles 2# and 2 of the

*iil *ode, een if erroneous, do not ma0e the judges administratiely liable.

- !he +upreme *ourt found no basis of the contention that a judge was charged with

0nowingly rendering an unjust judgment andor ignorance of the law because he

cannot be held administratiely or ciilly liable for his judicial action. A judicial

officer cannot be called to account in a ciil action for acts done by him in theexercise of his judicial function, howeer erroneous. )abalan s. uearra, $

+*(A %"- 3t is a general principle of the highest importance to the proper administration of 

 justice that a judicial officer, in exercising the authority ested in him, shall be free

to act upon his own conictions, without apprehension of personal conse4uences to

himself. Al5ua and Arnalot s. Johnson

elati$e Immunity Of Judges Not a License To %e Negligent

- 6Although a judge may not always be subjected to disciplinary action for eery

erroneous order or decision he renders, that relatie immunity is not a license to be

negligent or abusie and arbitrary in performing his adjudicatory prerogaties.7$

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!ood "ait# Of T#e Judge< =ffect

- so long as a judge acts in good faith, he cannot be subject to ciil, criminal, or administratie liability for any of his official acts no matter how erroneous.%

- there must be no negligence, or gross ignorance of the law.

AUTOMATIC CONVERSION OF SOME ADMINISTRATIVECASES AGAINST JUSTICES OF THE CA & THE

SANDIGANBAYAN, et al. A.M. No. 02-9-02-SC., September 17, 2002

Administrative cases against the following:

a. Justices of the Court of Appeals and theSandiganbayan;

b. Judges of regular and special courts; andc. Court ocials who are lawyers

Based on the following grounds:

a. rounds for the disciplinary action of members of the Bar for violation of the !awyer"s #ath$ the Codeof %rofessional &esponsibility$ and the Canons of %rofessional 'thics$ or

b. (or such other forms of breaches of conduct that

have been traditionally recogni)ed as grounds forthe discipline of lawyers.

 *he administrative case shall also be considered adisciplinar ac!i"n against the respondent Justice$ +udge orcourt ocial concerned as a member of the Bar. *herespondent may be re,uired to comment on the complaintand show cause why he should not also be suspended$

disbarred or otherwise disciplinarily sanctioned as a memberof the Bar. Judgment in both respects may be incorporated inone decision or resolution.

% 4tate Prosecutor $s) Muro- .;7 4CA +++

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 *his &esolution shall supplement &ule -/ of the &ules of Court.

Applica!i"n#  *o administrative cases already 0led wherethe respondents have not yet been re,uired tocomment on the complaints.

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