Legal & Judicial Ethics, 2018 Bar — Question IX

ESSAY

In a case pending before the Sandiganbayan, the Sandiganbayan justices themselves actually took part in the questioning of a defense witness and the accused. The records show that, while a witness was asked 16 questions on direct examination by the defense counsel and six (6) questions by the prosecutor on cross-examination, one justice interjected a total of 27 questions. After the defense opted not to conduct any re-direct examination, another justice asked 10 more questions. With respect to one of the accused, both justices asked a total of 67 questions after cross-examination, and with respect to the other accused, a total of 41 questions after cross-examination. More importantly, the questions of the justices were in the nature of cross-examinations characteristic of confrontation, probing, and insinuation. Is this manner of questioning proper?

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