Reiteration of the Directive in OCA Circular No. 173-2017 Dated 17 August 2017 (Proper Use of Social Media)
OCA Circular No. 58-2022 reiterates the directive from OCA Circular No. 173-2017, reminding judges and court personnel of the need for self-restraint in their social media activities, especially with the upcoming National Election on May 9, 2022. According to the 1987 Constitution and the Omnibus Election Code, civil service officers, including judges, are prohibited from engaging in electioneering or partisan political activities. The circular emphasizes that judges and court personnel must maintain a higher standard of conduct and avoid any actions that could undermine public confidence in the judiciary. They are urged to exercise caution in their online interactions to uphold the dignity and integrity of the judicial system.
March 18, 2022
OCA CIRCULAR NO. 58-2022
| TO | : | All Judges and Court Personnel of First and Second Level Courts |
| SUBJECT | : | Reiteration of the Directive in OCA Circular No. 173-2017 Dated 17 August 2017 (Proper Use of Social Media) |
In view of the upcoming National Election on 9 May 2022, all judges and court personnel are REMINDED to exercise self-restraint in their posts and comments in all of their social media platforms.
It must be noted that Section 2 (4), Article IX-B of the 1987 Constitution provides that "[n]o officer in the civil service shall engage, directly or indirectly, in any electioneering or partisan political campaign."
Parenthetically, Section 261 (i), Article XII of the Omnibus Election Code (Batas Pambansa Blg. 881) states that:
xxx xxx xxx
(i) Intervention of public officers and employees. — Any officer or employee in the civil service, except those holding political offices; any officer, employee, or member of the Armed Forces of the Philippines, or any police force, special forces, home defense forces, barangay self-defense units and all other paramilitary units that now exist or which may hereafter be organized who, directly or indirectly, intervenes in any election campaign or engages in any partisan political activity, except to vote or to preserve public order, if one is a peace officer, shall be guilty of an election offense. (Emphasis underlined)
Corollarily, while judges and court personnel are not precluded to use social media, they are cautioned that "[a]s the visible personification of law and justice, [they] have a higher standard of conduct" 1 and this standard is much higher than that of an ordinary man. 2 Therefore, all concerned are reminded that in OCA Circular No. 173-2017 dated 17 August 2017 (Proper Use of Social Media), this Office elucidated that:
x x x judges and court personnel are reminded to conduct themselves in a way that would not call into question the dignity of the Judiciary. Judges and court personnel, like Caesar's wife, must be above suspicion. "[T]hey must exhibit the hallmark judicial temperament of utmost sobriety and self-restraint." They must avoid "impropriety and the appearance of impropriety" in all of their activities, whether these be in the course of their duty or in their personal lives. They are also reminded that as public officials, they "must at all times be accountable and lead modest lives."
All told, judges and court personnel who participate in social media are enjoined to be cautious and circumspect in posting photographs, liking posts and making comments in public on social networking sites, for "public confidence in the judiciary (may be) eroded by their irresponsible or improper conduct."
For the guidance and compliance of all concerned.
(SGD.) RAUL BAUTISTA VILLANUEVACourt Administrator
Footnotes
1. Lorenzaba v. Austria, A.M. No. RTJ-09-220, April 2, 2014.
2. ABA Formal Opinion 462, "Judges Use of Electronic Social Networking Media," (21 February 2013).