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 resist any pressure from whatever
source.

Judges should avoid even the slightest infraction of the law.

Must be models of uprightness, fairness and honesty

Should not relax in his study of the law and court decisions.

Should not be swayed by public clamor or considerations of personal

popularity

Must decide motions without delay.

Should also appear impartial.

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.

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 shall refrain from influencing in any manner the
outcome of litigation or dispute pending before another court of
administrative agency.

A judge must be beyond suspicion. He has the duty not only to render a just
and impartial decision but also to render it in such a manner as to be free
from any suspicion as to its fairness and impartiality, and also as to his
integrity.

Every litigant is entitled to nothing short of the cold neutrality of an

independent, wholly free, disinterested and impartial tribunal.

A judge must be temperate in his language and must not lose his cool.

A judge is prohibited from making public statements in the media regarding a

pending case so as not to arouse public opinion for or against a party
(violates the Principle of Subjudice)

Judges must not use or permit the use of any undignified/self-laudatory

statement regarding their qualifications or legal services.

A judge must not allow anyone to ride on his prestige. He should not create
the impression that someone or some people are so close to him to enjoy his
favor.

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.

Judge should be conversant with the law and its amendments.

Rule 3.02 In every case, a judge shall endeavor diligently to ascertain

the facts and the applicable law unswayed by partisan interest, public
opinion or fear of criticism.

Finding of facts must be based not on the personal knowledge of the judge
but upon the evidence presented.

If the personal view of the judge contradicts the applicable doctrine

promulgated by the Supreme Court, nonetheless, he should decide the case
in accordance with that doctrine and not in accordance with his personal
 views. He is however not prohibited from stating his own opinion on the
matter if he wants to invite constructive attention thereto.

Rule 3.03 A judge shall maintain order and proper decorum in the courts.

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.

Conduct of trial must not be attended with fanfare and publicity; not permit
pictures or broadcasting.

Must use temperate language; should not make insulting remarks.

Rule 3.05 A judge shall dispose of the courts 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 of the
ascertainment of the 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.

Judge should take notes and rely on transcripts.

Judge is not excused if stenographer is overloaded. He is excused for delay on

grounds of multifarious motions; appellate court enjoins judge from further
proceeding; heavy caseload.

ADMINISTRATIVE RESPONSIBILITIES

Rule 3.08 A judge should diligently discharge administrative

responsibilities, maintain professional competence in court managements,
and facilitate the performance of the administrative functions of 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 inititate 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.

Ascertain that the records of all cases are properly kept and managed.

Maintain a checklist on the cases submitted for decision with a view to know
exactly the specific deadlines for the resolution/decision of the said cases.

Loss of records: gross negligence

Should be a good manager.

May not summarily suspend a lawyer for indirect contempt.

Judge has the power to appoint, but the power to dismiss court employees is
vested in the Supreme Court.

If knowingly nominate or appoint to any public office any person lacking the
legal qualification therefor, shall be guilty of unlawful appointment punishable
with imprisonment and fine (Art 244, RPC).

DISQUALIFICATIONS

Rule 3.12 A judge should take no part in proceeding where the judges
impartiality might reasonably be questioned. These cases include, among
others, proceedings where;

1. a. the judge has personal knowledge of disputed evidentiary facts

concerning the proceeding;

2. b. the judge served as executor, administrator, guardian, trustee

or lawyer in the case or matters 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;

3. c. the judges ruling in a lower court is subject of review

 4. d. the judge is related by consanguinity or affinity to a party
litigant within the 6thdegree or to counsel within the 4th degree;

5. e. the judge knows that the judges 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.

Petition to disqualify judge must be filed before rendition of judgment by the

judge; cant be raised first time on appeal.

If a judge denies petition for disqualification, the ultimate test: is whether or

not the complaint was deprived of a fair and impartial trial. Remedy: seek
new trial.

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, based on such disclosure, the parties and lawyers
independently of the judges 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 4 A judge may, with due regard to official duties, engage in

activities to improve the law, the legal system and the administration of
justice.

Rule 4.01 A judge may, to the extent that the following activities do not
impair the performance of judicial duties or case doubt on the judges
impartiality:

1. a. speak, write, lecture, teach or participate in activities

concerning the law, the legal system and the administration of
justice;

2. b. appear at a public hearing before a legislative or executive

body on matters concerning the law, the legal system or the
administration of justice and otherwise consult with them on
matters concerning the administration of justice;
 3. c. serve on any organization devoted to the improvement of the
law, the legal system or the administration of justice.

Decision to engage in these activities depends upon the sound judgement of

the judge.

If has not enough time to spare (such as when caseload is too heavy)
prudence dictates, he must concentrate on his judicial duties.

If a judge has time to spare, the best attitude to take is to participate in

activities which are closely related to the performance of his duties and which
do not consume much of his time and energy.

CANON 5 A judge should regulate extra-judicial activities to minimize the

risk of conflict with judicial activities.

VOCATIONAL, 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 courts:

1. a. write, lecture, teach and speak on non-legal subjects;

2. b. engage in the arts, sports, and other special recreational

activities;

3. c. participate in civic and charitable activities;

4. 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.

If they opt to engage in such activities, they must learn how to manage their
time in such manner that their judicial responsibilities do not falter and suffer.

FINANCIAL ACTIVITIES

Rule 5.02 A judge shall refrain from financial and business dealings that
tends to reflect adversely on the courts impartiality, interfere with the
proper performance of judicial activities, or increase involvements 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 disqualification.

Rule 5.03 Subject to the provisions of the proceeding rule, a judge may
hold and manage investments but should not serve as an officer, director,
manager, 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, favor or loan from anyone except as may be
allowed by law.

Rule 5.05 No information acquired in a judicial capacity shall be used or

disclosed by a judge in any financial dealing or for any other purpose not
related to judicial activities.

Prohibitions under the Revised Penal Code:

Art 215. Prohibited Transaction. The penalty of prision correccional in its minimum
period or a fine ranging from P200 to P1000 or both, shall be imposed upon any
appointive public officer who, during his incumbency, shall directly or indirectly
become interested in any transaction of exchange or speculation within the territory
subject to his jurisdiction.

Art 216. Possession of prohibited interest by a public officer. The penalty of arresto
mayor in its medium period to prision correccional in its minimum period, or a fine
ranging from P200 to P1000, or both, shall be imposed upon a public officer who
directly and indirectly, shall become interested in any contract or business which it
is his official duty to intervene.

Sec 3. Corrupt practices of public officers. In addition to acts or omissions of

public officers already penalized by existing law, the following shall constitute
corrupt practices of any public officer and are hereby declared to be unlawful:

XXX

(h) Directly or indirectly having financial or pecuniary interest in any business, or

contract or transaction in connection with which here intervenes or takes part in his
official capacity or in which he is prohibited by the Constitution or by any law from
having any interest, (Sec. 3(h), RA 3019)

General Rule: Avoid taking or receiving loans from litigants.

Exception (AGCPA): Unsolicited gifts or presents of small value offered or

given as a mere ordinary token of gratitude or friendship according to local
custom or usage.

FIDUCIARY ACTIVITIES

Rule 5.06 A judge should not serve as the execution administrator,

trustee, guardian, or other fiduciary, except for the estate, trust, 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 fiduciary, a judge shall
not:

1. a. serve in proceedings that might come before the court of said

judge; or

2. b. act as such contrary to Rule 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.

Includes preparation of pleadings or papers in anticipation of litigation, and

giving of legal advice to clients or persons needing the same.

Not engage in notarial work. Exception: Notaries public ex-oficio may

engage only in notarization of documents connected with the exercise of their
official functions. Provided, all notarial fees on account of the government
and certification attesting to lack of any lawyer or Notary Public.

Sworn statement of assets and liabilities including statement of amounts and

services of income, the amount of personal and family expenses and the
amount of income tax is paid for the next preceding calendar year.

FINANCIAL DISCLOSURE

Rule 5.08 A judge shall make full financial disclosure as required by law.

EXTRA-JUDICIAL APPOINTMENTS

Rule 5.09 A judge shall not accept appointment or designation to any

agency performing quasi-judicial or administrative functions.

POLITICAL ACTIVITIES

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

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.

An administrative case against a judge is not necessarily dismissed by the

withdrawal by or desistance of the complainant.

Retirement, resignation or promotion of a judge does not necessarily render

moot and academic all the cases against him.

Civil Liabilities Re Official Functions:

1. obstructs, defeats, violates or in any manner impedes or impairs the civil

rights.

2. Willful or negligent rendition of a decision which causes damages to another

3. For damages: rendering/neglecting to decide a case causing loss to a party.

Civil Code Disabilities:

Rule: Cant purchase properties subject of litigation is his court.

Exception: Does not apply where the subject property was not acquired from any of
the parties to the case, nor will it apply when the litigation is already finished.

But while in a technical sense, the judge may not have acquired the property in
litigation in a case before him, nevertheless, it is improper for him to have done so
under the canons of judicial ethics.

Donations made to a judge by reason of his office are void.

Taking advantage of his position to boost his candidacy amounts to gross

misconduct.

Cannot serve as officers or advisers of political groups.

Criminal Liabilities of Judges

Malfeasance under the RPC:

1. Knowingly Rendering Unjust Judgment (Art. 204, RPC)

The elements are:

 1. that the officer is a judge;

2. that he renders judgment in a case submitted to him for decision;

3. that the judgment is unjust;

4. the judge knows that his judgment is unjust.

1. Judgment Rendered Through Negligence (Art. 205, RPC)

The elements are:

1. that the offender is a judge;

2. that he renders judgment in a case submitted to him for decision

3. that the judgment is manifestly unjust;

4. that is due to his inexcusable negligence or ignorance.

Notaries Public

Powers and Duties of a Notary Public

Section 241 of the Revised Administrative Act enumerates the General Powers of a
Notary Public:

1. To administer all oaths and affirmations provided for by law:

1. in all matters incident to his notarial office;

2. in the execution of:

1. affidavits

2. depositions

3. other documents requiring an oath

1. To receive proof or acknowledgment of all writings relating to commerce,

such as

1. ships, vessels or boats:

1. Bills of Exchange

2. Bottomries

3. Mortgages

4. Hypothecations
 5. charter parties or affreightments

6. letters of attorney

7. land/buildings or interest therein:

1. deeds

2. mortgages

3. transfers and assignments

4. other writings as are commonly provided or

acknowledged before notaries.

3. To act as magistrate in the writing of affidavits or depositions

4. To make declarations and certify the truth thereof under his seal of office,
concerning all matters done by him in virtue of his office.

The law imposes on the notary public two kinds of duties:

1. execution of formalities required by law; and

2. verification of the capacity and identity of the parties as well as the legality of
the act executed.

Extent of Jurisdiction of a Notary Public:

Under the Notarial Law, the jurisdiction of a notary public in general, used to be CO-
EXTENSIVE with the province for which he was commissioned; and for the notary
public in the City of Manila, the jurisdiction is CO-EXTENSIVE with said city. Circular 8
of 1985 however, clarified further that the notary public may be commissioned for
the same term only by one court within the Metro Manila region.

Q: Must a Notary Public always be a LAWYER?

A: General Rule: Only those admitted to the practice of law are qualified to be
notaries public.

Exception: When there are no persons with the necessary qualifications OR where
there are qualified persons but refuse appointment. In which case, the following
persons may be appointed as notaries:

1. those who have passed the studies of law in a reputable university

2. a clerk or deputy clerk of court for a period of not less than two years

Effects of NOTARIZATION
1. The notary, in effect, proclaims to the world:

1. that all the parties therein personally appeared before him

2. that they are personally known to him

3. that they are the same persons who executed the instrument

4. that he inquired into the voluntariness of the execution of the

instrument; and

5. that they acknowledged personally before him that they voluntarily

and freely executed the same

6. 2. Converts a private document into a public one and renders it

admissible in court without further proof of its authenticity. (Joson vs.
Baltazar)

7. 3. Documents enjoy a presumption of regularity. It constitutes prima

facie evidence of the facts which give rise to their execution and of the
date of said execution, but not of the truthfulness of the statements.
The reason for the former presumption is that the law assumes that
the act which the officer witnesses and certified to or the date written
by him are not shown to be false since notaries are public officers.