So what’s wrong with flaunting flawless skin?
Nueva Ecija Congressman Carlos Padilla called the media’s attention on pictures of Batangas Regional Trial Court Judge Ma. Cecilia Austria on her Friendster profile.
Padilla finds the photos too hot.
Padilla showed the photos to reporters during a news conference which he organized days after delivering a privilege speech denouncing an earlier decision by Austria to put Steel Corporation of the Philippines under receivership.
Padilla noted one photograph which showed Austria in an off-shoulder blouse which he says may be inappropriate for her profession as an officer of the court.
The photo showed Austria’s flawless complexion, which she has been able to maintain despite working in the rotten Philippine judiciary and at the same time taking care of her family.
Instant Internet Celebrity
Judge Ma. Cecilia Austria is now a certified Internet Celebrity, thanks to Padilla. There was no clue on Austria’s Friendster profile that she was in fact a judge.
Now she is known as the “Sexy Judge”. (from: Supreme Court asks ‘sexy’ judge to explain)
Why Judge Austria cannot and should not have a Friendster account
Read the CONCLUSION at the end of this article.
Inappropriate? You be the judge
Don’t judges have the right to be hot and pretty? PinoySpy’s BigBrother sees nothing wrong in these photos. It’s not Judge Ma. Cecilia Austria’s fault that she’s hot. In fact, the photos established her as one of the hottest female judges in the Philippines, aside from Asra Trinidad.
We have enough of old ugly female judges in the Philippines, and the judiciary needs fresh faces like Austria.
Judge Ma. Cecilia Austria’s Friendster account
The now popular Friendster account has be found at http://friendster.com/39687546 (link found via ABS-CBN).
Hon. Austria did not close or hide her Friendster profile even after Padilla made a big deal out of the photos, to prove that she has nothing to hide.
In a public message on her profile, she says:
“Maraming salamat po sa mga umunawa sa akin. Hindi ko po kayo lahat masasagot, pero nagpapasalamat ako ng taos puso.” (Thank you so much for your understanding. I cannot reply to all your messages, but I thank you from the bottom of my heart.)
Filipinos on Friendster find nothing wrong
On Friendster, where 11 million Filipinos log-in every day, Hon. Austria has received a lot of supportive messages which also criticize Padilla. Here are some comments of the 91 comments as of this date:
hi mam, there,s nothing wrong with your picture infact its look like your one of those beautiful actresses in town….inggit lang po sila… — Sitti Fatima
Wala po akong makitang mali sa pagkakaroon po ninyo nang friendster account. mabuhay po kayo — Jeb
YOUR INCREDIBLY A LOVELY LADY!!! The transgress-man probably just want your attention. Don’t give it to him anyway. We are all behind you. CASE DISMISSED!!! — Urban
I’M SORRY MR. PADILLA, BUT I SUGGEST YOU SHOULD HAVE UNDERGO SOME VISION TEST FIRST,B4 MAKING SUCH COMMENTS ABOUT THE OWNER OF THIS ACCOUNT.THERES NOTHING WRONG IN IT AND IT IS A BEAUTIFUL EXAMPLE OF FREEDOM OF EXPRESSION. I THOUGHT WHAT YOU ARE SAYING IS TRUE. BUT HONESTLY ITS NOT,I’M DISAPPOINTED. — Sano
To view all comments on Austria’s Friendster profile, click: http://www.friendster.com/comments.php?uid=39687546
Reactions from legal circles and government
Padilla: “Nakakagulat talaga,” (source)
SCP Lawyer Ferdinand Topacia: “It is just unseemly for a judge. A judge should refrain from undue socializing, like this, for soliciting acquaintances in the Net. That’s provided for under the Canon of Judicial Ethics.” (source)
Congressman Joel Villanueva (son of evangelist Eduardo “Bro Eddie” Villanueva): “It’s very disappointing especially coming from a person who supposed to be look up to by our people. It’s a great sign that moral values of this nation is deteriorating.” (source)
Aurora Rep. Juan Edgardo “Sonny” Angara: “Na sa Supreme Court iyung power to discipline judges and members of the bar. It would depend really on whether the photos were bordering on obscenity. But ultimately, the SC will be the judge should anybody lodges a complaint.” (source)Marikina City Rep. Marcelino Teodoro: “The lady justice of Batangas should exercise propriety with her actions especially with the internet as a medium, where many can possibly view the pictures. As a public official with high moral responsibility to the public, she should exercise utmost sensitivity that can possibly tarnish her credibility.” (source)
Demolition job?
Could this be a demolition job on Austria?
Take note of this quote from the Manila Times article (dated :
Earlier, Padilla, in privilege speech, assailed the planned takeover of a big steel company by two creditor-banks that allegedly used the judiciary to ensure that majority control of the Steel Corporation of the Philippines will be handed over to creditors within the year.
He accused owners of Banco de Oro and its sister-bank Equitable PCIBank, as conspiring with some members of the judiciary to kick out Steel Corporation’s lawful owners.
The corporation has been placed under receivership by the Batangas Regional Trial Court, specifically by Austria, despite the company’s supposedly diligent payment of interests to its creditors.
True enough, days after Padilla’s press conference on the Austria pictures, lawyers of the Steel Corporation of the Philippines filed a complaint against Austria before the Supreme Court. See news article: Supreme Court asks ‘sexy’ judge to explain.
CONCLUSION: The Judge is hot, but she cannot and should not have public Friendster account
Having an open public account on Friendster exposes the judge to influence and pressure, and gives litigants and lawyers an open access to communicate with her especially those attempting to influence her decisions.
Now that Austria’s Friendster account has been exposed, she should close her Friendster account, or keep it but make the profile private (for family only).
Even if the public see nothing wrong with the photos (in fact, many are pleased to know that there are good-looking Filipina judges) her position and stature limits her to what she can do on the Internet.
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umandar na naman ang kakitiran ng utak ng mga kongresista!
yung mga batas para sa kabutihan ng bayan ang harapin nyo!
mga leche kayo… pinapasweldo kayo ng taong bayan wala kayong ginagawa!
Anu ba mali kung magkaroon ng friendster account? Sa nakikita ko wla naman masama sa pose. Yung mga iba nga dyan nude pics mismo pinapakita sa friendster nila, bakit nde yan yung pagtingin pansin ng SC.
O baka naman gusto lang sirain c Mam, dahil wlang friendster account c padilla at wla sya hot photos.
Matanong lang po sa mga lawyers dyan.. meron po bang ethics na pinagbabawal yung mga ganito? Eh paanu po yung mga naging mistress or yung mga ka lover ninyu dba bwal rin yan sa Lawyers Ethics?
So pag ganito yung pinagsasabi ng SC does it signify that they favor lawyers or judges having affairs rather than having them create a social bookmarkng account kagaya ng friendster?
Sana po sa mga lawyers or mga law students paki explain nalang po.
Congressman Padilla… ala eh, inggit ka lamang gawa ng ikay bakla…
GOD’s creation is always beautiful
nothing’s wrong with it. we live in this modern time and we must adopt with it.
Mali din conclusion na nakapost dito sa The Pinoyspy Reporter na “The Judge is hot, but she cannot and should not have public Friendster account” Hindi lang kc sa friendster pedeng ma-influence or mapressure ang judge para sa kanyang decision. Maraming paraan pra magkaron ng communication sa kanya kung gugustuhin and kung sakali nasa sariling desisyon na un ng judge kung magpapa-influenze sya sa iba. Wala ring dahilan na kailangan nya i-close ang friendster account nya. Makitid na pag-iisip lang nkakaisip nun. Wala sa kung anumang propesyon para malimitahan ang paggamit ng internet dhil kung meron man hindi lang sa judge dapat i-apply ang limitasyon na ito.
Wala namang masama sa suot ni judge eh sa talagang maganda siya at magaling magdala ng damit. Wala sa suot o itsura ng isang tao yung mga desisyon na ginagawa nila at kung nagkataon na kasing edad ko lang si judge siya na ang liligawan ko kasi bukod sa matalino na eh maganda pa kaya mam wag mong pansinin ang mga papampam na congressman.
Pasensya na po pero medyo na-ta-tangahan ako dito sa conclusion mo po. Statutory limits ba kamo? Tapos sa internet pa? Sa internet, na information highway ng freedom of expression and ideas? Are you serious? Or are you seriously joking?
Pwede nating tirahin si judge sa allegedly pakikipag-connive niya with the two banks pero huwag na natin pansinin pa yung pictures niya sa Friendster account niya, dyusmiho naman.
Mag a-ala Abalos na lang ako: “Ano ba naman iyan?!” Hahahaha!
Bisaya, I’m Visayan too but I know how to read…
“Limits” as used here is a verb, not a noun.
I am also a lawyer and i don’t see anything wrong with Judge Austria having a friendster account! and definitely, there is nothing morally wrong with posting those pictures..if you have it, flaunt it.
dapat nga mga congressmen na yan, they should post their spending, finances, assets, and sources of income through friendster…maybe this will be a better venue for transparency! geeez!
abogada ka ba talaga!? PAKIBASA NGA ITO… bago mo sabihin there is nothing wrong with what Judge Austria did…owryt!!!
CODE OF JUDICIAL CONDUCT
PREAMBLE
An honorable competent and independent judiciary exists to administer justice and thus promote the unity of the country, the stability of government, and the well-being of the people.
CANON 1
A JUDGE SHOULD UPHOLD THE INTEGRITY
AND INDEPENDENCE OF THE JUDICIARY
RULE 1.01 - A judge should be the embodiment of competence, integrity and independence.
RULE 1.02 - A judge should administer justice impartially and without delay.
RULE 1.03. - A judge should be vigilant against any attempt to subvert the independence of the judiciary and should forthwith resist any pressure from whatever source intended to influence the performance of official functions.
CANON 2
A JUDGE SHOULD AVOID IMPROPRIETY
AND THE APPEARANCE OF IMPROPRIETY
IN ALL ACTIVITIES
RULE 2.01 - A judge should so behave at all times as to promote public confidence in the integrity and impartiality of the judiciary.chan robles virtual law library
RULE 2.02 - A judge should not seek publicity for personal vainglory.
RULE 2.03 - A judge shall not allow family, social, or other relationships to influence judicial conduct or judgment. The prestige of judicial office shall not be used or lent to advance the private interests of others, nor convey or permit others to convey the impression that they are in a special position to influence the judge.
RULE 2.04 - A judge should refrain from influencing in any manner the outcome of litigation or dispute pending before another court or administrative agency.
CANON 3
A JUDGE SHOULD PERFORM OFFICIAL
DUTIES HONESTLY, AND WITH IMPARTIALITY
AND DILIGENCE
ADJUDICATIVE RESPONSIBILITIES
RULE 3.01 - A judge shall be faithful to the law and maintain professional competence.
RULE 3.02 - In every case, a judge shall endeavor diligently to ascertain the facts and the applicable law unswayed by partisan interests, public opinion or fear of criticism.
RULE 3.03 - A judge shall maintain order and proper decorum in the court.
RULE 3.04 - A judge should be patient, attentive, and courteous to lawyers, especially the inexperienced, to litigants, witnesses, and others appearing before the court. A judge should avoid unconsciously falling into the attitude of mind that the litigants are made for the courts, instead of the courts for the litigants.
RULE 3.05 - A judge shall dispose of the court’s business promptly and decide cases within the required periods.
RULE 3.06 - While a judge may, to promote justice, prevent waste of time or clear up some obscurity, properly intervene in the presentation of evidence during the trial, it should always be borne in mind that undue interference may prevent the proper presentation of the cause or the ascertainment of truth.
RULE 3.07 - A judge should abstain from making public comments on any pending or impending case and should require similar restraint on the part of court personnel.
ADMINISTRATIVE RESPONSIBILITIES
RULE 3.08 - A judge should diligently discharge administrative responsibilities, maintain professional competence in court management, and facilitate the performance of the administrative functions or other judges and court personnel.
RULE 3.09 - A judge should organize and supervise the court personnel to ensure the prompt and efficient dispatch of business, and require at all times the observance of high standards of public service and fidelity.
RULE 3.10 - A judge should take or initiate appropriate disciplinary measures against lawyers or court personnel for unprofessional conduct of which the judge may have become aware.
RULE 3.11 - A judge should appoint commissioners, receivers, trustees, guardians, administrators and others strictly on the basis of merit and qualifications, avoiding nepotism and favoritism. Unless otherwise allowed by law, the same criteria should be observed in recommending appointment of court personnel. Where the payment of compensation is allowed, it should be reasonable and commensurate with the fair value of services rendered.
DISQUALIFICATION
.
RULE 3.12 - A judge should take no part in a proceeding where the judge’s impartiality might reasonably be questioned. These cases include among others, proceedings where:
(a) the judge has personal knowledge of disputed evidentiary facts concerning the proceeding;
(b) the judge served as executor, administrator, guardian, trustee or lawyer in the case or matter in controversy, or a former associate of the judge served as counsel during their association, or the judge or lawyer was a material witness therein;
(c) the judge’s ruling in a lower court is the subject of review;
(d) the judge is related by consanguinity or affinity to a party litigant within the sixth degree or to counsel within the fourth degree;
(e) the judge knows the judge’s spouse or child has a financial interest, as heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding.
In every instance, the judge shall indicate the legal reason for inhibition.
REMITTAL OF DISQUALIFICATION
RULE 3.13 - A judge disqualified by the terms of rule 3.12 may, instead of withdrawing from the proceeding, disclose on the record the basis of disqualification. If, bases on such disclosure, the parties and lawyers independently of judge’s participation, all agree in writing that the reason for the inhibition is immaterial or insubstantial, the judge may then participate in the proceeding. The agreement, signed by all parties and lawyers, shall be incorporated in the record of the proceeding.
CANON 5
A JUDGE SHOULD REGULATE EXTRA-JUDICIAL
ACTIVITIES TO MINIMIZE THE RISK
OF CONFLICT WITH JUDICIAL DUTIES
ADVOCATIONAL, CIVIC AND CHARITABLE ACTIVITIES
RULE 5.01 - A judge may engage in the following activities provided that they do not interfere with the performance of judicial duties or detract from the dignity of the court:
(a) write, teach and speak on non-legal subjects;
(b) engage in the arts, sports, and other special recreational activities;
(c) participate in civic and charitable activities;
(d) serve as an officer, director, trustee, or non-legal advisor of a non-profit or non-political educational, religious, charitable, fraternal, or civic organization.
FINANCIAL ACTIVITIES
chan robles virtual law library
RULE 5.02 - A judge shall refrain from financial and business dealing that tend to reflect adversely on the court’s impartiality, interfere with the proper performance of judicial activities or increase involvement with lawyers or persons likely to come before the court. A judge should so manage investments and other financial interests as to minimize the number of cases giving grounds for disqualifications.
RULE 5.03 - Subject to the provisions of the proceeding rule, a judge may hold and manage investments but should not serve as officer, director, manager or advisor, or employee of any business except as director of a family business of the judge.
RULE 5.04 - A judge or any immediate member of the family shall not accept a gift, bequest, factor or loan from any one except as may be allowed by law.
RULE 5.05 - No information acquired in a judicial capacity shall be sued or disclosed by a judge in any financial dealing or for any other purpose not related to judicial activities.
FIDUCIARY ACTIVITIES
RULE 5.06 - A judge should not serve as the executor, administrator, trustee, guardian, or other fiduciary, except for the estate, trusts, or person of a member of the immediate family, and then only if such service will not interfere with the proper performance of judicial duties. “Member of immediate family” shall be limited to the spouse and relatives within the second degree of consanguinity. As a family, a judge shall not:
(a) serve in proceedings that might come before the court of said judge; or
(b) act as such contrary to rules 5.02 to 5.05.
PRACTICE OF LAW AND OTHER PROFESSION
RULE 5.07 - A judge shall not engage in the private practice of law. Unless prohibited by the Constitution or law, a judge may engage in the practice of any other profession provided that such practice will not conflict or tend to conflict with judicial functions.
FINANCIAL DISCLOSURE
RULE 5.08 - A judge shall make full financial disclosure as required by law.
RULE 5.09 - A judge shall not accept appointment or designation to any agency performing quasi-judicial or administrative functions.
POLITICAL ACTIVITIES
chan robles virtual law library
RULE 5.10 - A judge is entitled to entertain personal views on political questions. But to avoid suspicion of political partisanship, a judge shall not make political speeches, contribute to party funds, publicly endorse candidates for political office or participate in other partisan political activities.
.
COMPLIANCE WITH THE CODE OF JUDICIAL CONDUCT
chan robles virtual law library
All judges shall strictly comply with this Code.
DATE OF EFFECTIVITY
This Code, promulgated on 5 September 1989, shall take effect on 20 October 1989
E PAANO SI SENATOR CHIZ ESCUDERO ME FRIENDSTER ACCOUNT DIN ANO NAMAN ANG MASASABI NINYO DYAN “HIS POSITION and STATURE limits HIM to what HE can do on the Internet”.
hoi magtrabaho na lang kayo tama yung isang poster dyan PERA NG MGA TAO NA NAGBABAYAD NG BUWIS ANG IPINANGSUSWELDO SA INYO….
RESOLUTION NO. 08-003
Series of 2008
A RESOLUTION EXPRESSING INDIGNATION ON THE APPARENT MALICIOUS IMPUTATIONS AIMED AT HO. MARIA CECILIA I. AUSTRIA, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 2, BATANGAS CITY AND HON. SIXTO C. MARELLA, JUSTICE, COURT OF APPEALS
WHEREAS, an article entitle “Female Batangas Judge Wants to Meet Pals in Firendster Account” was published in the February 29, 2008 issue of the Philippine Star.
WHEREAS, another article of similar import entitled “Sexy Pose ng Lady Judge Binuking sa Friendster” was likewise published in the February 29, 2008 issue of People’s Taliba.
WHEREAS, said articles obviously, have no purpose other than to discredit JUDGE MARIA CECILIA I. AUSTRIA and JUSTICE SIXTO C. MARELLA, 1991-1993 President of the Integrated Bar of the Philippines-Batangas Chapter, and to place them in a bad light to advance vested interests through the power of print media where Judge (Austria) and Justice Marella could not defend themselves and where the damage caused probably could not be appropriately rectified.
WHEREAS, both magistrates are held in high esteem in our legal community, have exhibited impartiality, independence, probity and courage in the delivery of justice regardless of private influence and have acted and carried themselves decently and therefore, are the exact opposites of what the conspirators of the published articles would wish to be depicted by the reading public.
NOW THEREFORE RESOLVED AS IT IS HEREBY RESOLVED that the Integrated Bar of the Philippines-Batangas Chapter EXPRESS AS IT HEREBY EXPRESSES IN STRONGEST POSSIBLE TERMS, ITS INDIGNATION on the apparent malicious imputations published in the Philippine Star and People’s Taliba apparently without any purpose but the discredit HON. MARIA CECILIA I. AUSTRIA, Presiding Judge, Regional Tiral Court, Branch 2, BAtangas City and HON> SIXTO C. MARELLA, Justice of the Court of Appeals, and place them I a bad light to advance vested interest of certain groups.
UNANIMOUSLY APPROVED this 7th day of March 2008 during the Board Meeting held at the Integrated Bar of the Philippines-Batangas Chapter Legal Aid Center.
GREGORIO R. MORALEJA, JR. GLEN P. MENDOZA
(Chapter President) (Vice-President)
ERWIN . AGUILERA EDWIN . AGUIRRE
(Secretary) (Treasurer)
ARTHUR G. FAMATIGAN AMIEL RAYMON O. PARGAS
(PRO) (Auditor)
TRIVEN P. CASTILLO LOIDA C. CONTI
(Director) (Director)
EDNA C. DEL ROSARIO GILBERT L. MACATANGAY
(Director) (Director)
NEIL ADRIAN B. PARGAS VICENTE BERNARDO V. MAYO, JR.
(Director) (Ex-oficio Director)
To all judge sesil detractors, sa mga mapang husgang congressman read this
Source: Manila Bulletin Online
Batangas IBP hits reports discrediting judge and justice
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The Batangas chapter of the Integrated Bar of the Philippines (IBP) has passed a resolution “expressing indignation on the apparent malicious imputations aimed at Hon. Maria Cecilia I. Austria, presiding judge, Regional Trial Court, Branch 2, Batangas City, and Hon. Sixto C. Marella, Justice, Court of Appeals.”
The resolution stated that a report (not the Bulletin’s) entitled “Female Batangas Judge Wants to Meet Pals in Friendster Account” was published in the Feb. 29, 2008 issue of a daily newspaper.
Another article of similar import entitled “Sexy Pose ng Lady Judge Binuking sa Friendster” was likewise published in the Feb. 29, 2008 issue of a daily Tagalog newspaper.
The IBP Batangas chapter said that the “articles obviously have no purpose other than to discredit Judge Maria Cecilia I. Austria and Justice Sixto C. Marella, 1991-1993 president of the Integrated Bar of the Philippines-Batangas Chapter, and to place them in a bad light to advance vested interests through the power of print media where Judge Chua and Justice Marella could not defend themselves and where the damage caused probably could not be appropriately rectified.”
It also said that “both magistrates are held in high esteem in our legal community, have exhibited impartiality, independence, probity and courage in the delivery of justice regardless of private influence and have acted and carried themselves decently and, therefore, are the exact opposites of what the conspirators of the published articles would wish them to be depicted by the reading public.”
The resolution stated that the Batangas IBP chapter “expresses, in strongest possible term, its indignation on the apparent malicious imputations published in the two newspapers apparently without any purpose but to discredit Hon. Maria Cecilia I. Austria, presiding Judge Regional Trial Court, Branch 2, Batangas City, and Hon. Sixto C. Marella, Justice of the Court of Appeals, and place them in a bad light to advance the vested interest of certain groups.”
nwala ba ang intergrity nya? d nmn ah