Practice question
A judge identifies an applicable, clear legal rule but dislikes its outcome. Invoking Canon II’s reference to what is right, just and fair, the judge proposes disregarding the rule solely on personal preference. Which is correct?
- That residual guide addresses absence or insufficiency of applicable law and does not create a general license to disregard existing law.
- The judge may replace any clear law with a preferred result.
- Fidelity requires deciding only by intuition.
- Every rule becomes optional if one party objects.
- The Code repeals all substantive laws a judge dislikes.
Legal references
- 2025 Code of Judicial Conduct and Accountability, AM25-04-04-SC, Preamble, General Provisions and Canons I–II: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/100836
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