Dear PAO,
I am an accused in a case for unjust vexation. Our pre-trial is scheduled next month. What bothers me is that my body is covered with tattoos. I am afraid that the judge would form bias against me because of this. Do you have any advice for me?
Nick
Dear Nick,
Judges are mandated to perform official duties honestly, and with impartiality and diligence (Canon 3, New Code of Judicial Conduct). They are constantly reminded that litigants are entitled to nothing less than the cold neutrality of an impartial judge. They must not only render just, correct, and impartial decisions, but must do so in a manner free of suspicion as to their fairness, impartiality, and integrity (Dacera, Jr., v. Judge Dizon Jr., GR AM RTJ-00-1573, Aug. 2, 2000, Ponente: Associate Justice Consuelo Ynares-Santiago).
More importantly, in People of the Philippines v. Alberto Quiambao and Virgilio Marcelo, GR L-46272, June 13, 1986, Ponente: Associate Justice Isagani Cruz, the Supreme Court ruled that tattoos are not indicia of criminality, saying:
“The accused are admittedly notorious criminals who were probably even proud of their membership in the Commando gang even as they flaunted their tattoos as a badge of notoriety. Nevertheless, they were entitled to be presumed innocent until the contrary was proved and had a right not to be held to answer for a criminal offense without due process of law. xxx
"The scales of justice must hang equal and, in fact, should even be tipped in favor of the accused because of the constitutional presumption of innocence. Needless to stress, this right is available to every accused, whatever his present circumstance and no matter how dark and repellent his past. Despite their sinister connotations in our society, tattoos are at best dubious adornments only and surely not under our laws indicia of criminality. Of bad taste perhaps, but not of crime.
"In any event, convictions are based not on the mere appearance of the accused but on his actual commission of crime, to be ascertained with the pure objectivity of the true judge who must uphold the law for all without favor or malice and always with justice.”
Thus, you should not worry about your tattoos, as the handling judge will surely be guided by the above-mentioned principles. Tattoos do not and should not have any legal innuendos, and every case must be decided based on its merits, not on the appearance of the litigants. Ultimately, everyone is entitled to be presumed innocent until proven guilty.
We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net.
