udges Must be Free from Influence or Pressure

J

Judges must be free to judge, without pressure or influence from external forces or factors. They should not be subject to intimidation, the fear of civil, criminal or administrative sanctions for acts they may do and dispositions they may make in the performance of their duties and functions. Hence it is sound rule, which must be recognized independently of statute, that judges are not generally liable for acts done within the scope of their jurisdiction and in good faith.

This Court has repeatedly and uniformly ruled that a judge may not be held administratively accountable for every erroneous order or decision he renders. 55 To hold otherwise would be nothing short of harassment and would make his position doubly unbearable, for no one called upon to try the facts or interpret the law in the process of administering justice can be infallible in his judgment. 56 The error must be gross or patent, deliberate and malicious, or incurred with evident bad faith; 57 it is only in these cases that administrative sanctions are called for as an imperative duty of the Supreme Court.

As far as civil or criminal liability is concerned, existing doctrine is that "judges of superior and general jurisdiction are not liable to respond in civil action for damages for what they may do in the exercise of their judicial functions when acting within their legal powers and jurisdiction."58 Based on Section 9, Act No. 190, 59 the doctrine is still good law, not inconsistent with any subsequent legislative issuance or court rule: "No judge, justice of the peace or assessor shall be liable to a civil action for the recovery of damages by reason of any judicial action or judgment rendered by him in good faith, and within the limits of his legal powers and jurisdiction."

Exception to this general rule is found in Article 32 of the Civil Code, providing that any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the enumerated rights and liberties of another person — which rights are the same as those guaranteed in the Bill of Rights (Article III of the Constitution); — shall be liable to the latter for damages. However, such liability is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. But again, to the extent that the offenses therein described have "unjust judgment or "unjust interlocutory order" for an essential element, it need only be reiterated that prosecution of a judge for any of them is subject to the caveat already mentioned: that such prosecution cannot be initiated, much less maintained, unless there be a final judicial pronouncement of the unjust character of the decision or order in issue.