Judicial Ethics

Your email will be recorded when you submit this form

Not Switch account

* Required

MCQ

Choose the best and correct answer.

An MTC judge rendered an erroneous judgment. However, no

negligence nor indiscretion can be imputed from the record or
from said judge’s decision. What is the remedy of the litigant
aggrieved by the erroneous judgment? *

File an appeal, petition for review or any applicable mode of review

available under the Rules of Court, praying for the reversal,
modi<cation or setting aside of the decision.

File a criminal case against the judge charging the latter with
knowingly rendering an unjust judgment under Art. 204 of the Revised
Penal Code.

Endorse the matter to the Committee on Bar Responsibility, Discipline

and Disbarment of the IBP for the initiation of disbarment proceedings
against the judge.

File an administrative case against the judge for ignorance of the law,
which he is naturally expected to be knowledgeable of on account of
his exalted judicial position.

This sets forth the universal declaration of judicial conduct and

ethical standards: *

Chief Justices Convention.

The Hague Convention.

Universal Judicial Code of Ethics.

The Bangalore Draft.

Donations made to a judge, his wife, descendants and ascendants

by reason of his office are: *

Void.

Valid.

Voidable.

Rescissible.

A judge, inorder to ease his clogged docket, would exert efforts to

compel the accused in criminal cases to plead guilty to a lesser
offense and advise party litigants in civil cases to accept the
compromise offered by the opposing party, by assessing that their
position is weak or the evidence against them is strong. Is such
practice legally acceptable? *

No. The judge should not personally resort to such practice. He should
at least delegate the task to his Clerk of Court to avoid the impression
of rash disposition of justice.

Yes. Such practice apprises the parties of the merits or demerits of

their cases at the very outset of the litigation, for them to arrive at an
objective assessment of their case.

No. Aside from prejudging the case, the judge has fallen into the
attitude that litigants are made for the courts, instead of the courts for
the litigants.

Yes. Such practice is intended merely to achieve speedy

administration of justice, and to avoid dilatory litigation. Justice
delayed is justice denied.

Justice Frank, a retired Court of Appeals justice, appeared before

the Supreme Court on behalf of Landbank, a government bank, in a
case involving the compensable value of the property taken from a
landowner under the agrarian reform law. The landowner
questioned Justice Frank's appearance in the case, pointing out
that the same is unethical and smacks of opportunism since he
obviously capitalizes on his judicial experience. Is Justice Frank's
appearance in the case valid? *

Yes, because the law allows such appearance as long as the

government is not the adverse party.

No, he should have waited for at least a year to avoid improprieties.

No, because he cannot enjoy his retirement pay and at the same time
work for a government institution.

Yes, since Landbank does not perform government function.

An RTC judge is in the habit of calling his Branch Clerk of Court to

find out before ascending the rostrum if there is any member of
the local Sanggunian appearing before his sala. And if there is, he
makes it a point to invite first such Sanggunian member to his
chamber for a quick chat. After he is through, he then ascends the
rostrum and opens the session. Does the judge violate any ethical
prohibition? *

No. The judge is merely displaying courtesy to fellow government

servants.

Yes. The judge has created the impression that he gives undue
attention to legislators.

Yes. The judge needlessly wastes the time of the court to engage in
chit-chat.

No. The judge’s oTce does not prohibit interactions with those who
appear in court.

As a general rule, death of the respondent judge in an

administrative case does not preclude a finding of administrative
liability. Which is not a recognized exception: *

Respondent has not been heard and continuation of the case would
deny him of his right to due process.

The kind of penalty imposed or imposable would render the

proceedings useless, moot and academic.

Exceptional circumstances exist in the case leading to equitable and

humanitarian considerations.

The charge constitutes a serious administrative offense and the

resulting penalty is forfeiture of bene<ts.

This rule states: In order to sustain a charge of bias or prejudice on

the part of a judge, the resulting decision must be based upon
some influence other than the facts and law presented in the
courtroom. *

Res ipsa loquitur.

Extrajudicial source.

Judicial immunity.

Automatic conversion.

Whose conduct is not actionable? *

Judge Ren wrote letters to local government authorities reminding

them to forestall the issuance of municipal clearance and license to
complainant’s business establishment using the court’s letterhead.

Judge Kylo refuses to inhibit as his fairness is not affected by the fact
that plaintiff’s counsel was a member of the Judicial and Bar Council
during whose time the judge was appointed.

Judge Binks requested the mayor’s advice on internal personnel

issues in his court in relation to court employees who are funded by
the local government.

Judge Palpatine dictates his decision in open court immediately after

trial in civil cases to render speedy and eTcient resolution of cases.

In the extrajudicial settlement of the estate of the late DQ, the heirs
requested Judge ZP, a family friend, to go over a legal document
prepared by a new lawyer before they signed it. Judge ZP agreed,
and explained to the parties the ramifications and consequences of
the document. He also acted as instrumental witness. Did the
Judge engage in unauthorized practice of law? *

No, acting as instrumental witness and explaining the legal tenor of

the document is not practice of law.

No, the Judge acted as a family friend, not as a person learned in the
law, in advising the parties.

Yes, he lent his name as instrumental witness, thereby using his

judicial oTce while acting in a private capacity.

Yes, he rendered legal service and advice when he agreed to review

the document.

Judge Cristina has many law-related activities. She teaches law

and delivers lectures on law. Some in the government consult her
on their legal problems. She also serves as director of a stock
corporation devoted to penal reform, where she participates in
both fund raising and fund management. Which of the following
statements applies to her case? *

Her activities are acceptable except the part where she is involved in
fund management.

All of her activities are legal.

She should not engage in fund raising activities as director.

She can teach law and deliver lectures on law but not do the other
things.

A civil case was pending before Judge O. The defendant’s counsel

filed a motion to disqualify Judge O on the ground that the latter is
a townmate and distant relative of the plaintiff. The judge granted
the motion, and likewise denied the plaintiff’s motion for
reconsideration. The plaintiff thereafter filed a petition for certiorari
and mandamus to set aside the orders of Judge A disqualifying
himself from the case, and to compel the latter to continue hearing
the same. Will the petition prosper? *

Yes. The mere fact that the judge is a townmate of the plaintiff is not
among the legal grounds for disquali<cation of a judge under the rules
of procedure and ethics.

Yes. Mandamus is a proper remedy to compel the judge to hear the

case, the latter being a mandatory duty in the absence of legal
grounds for disquali<cation.

No. The legal grounds for inhibition are not exclusive. The judge could
voluntarily inhibit himself if he believes there may be grounds to doubt
his impartiality.

No. Being a townmate of a judge is a legal ground for disquali<cation,

as where in such instance, the judge has actual bias concerning the
plaintiff-townmate.

All statements are true, except: *

A judge conducting bail hearings without a petition for bail <led by the
accused and without affording the prosecution an opportunity to
prove that the guilt of the accused is strong commits gross ignorance
of the law despite the necessity of expeditious action.

A judge writing to resolve a dispute is exempted from a charge of

plagiarism if ideas, words or phrases from a law review article, novel
thoughts published in a legal periodical or language from a party’s
brief are used without giving attribution.

A judge sitting on the same table and conversing with a lawyer with a
pending case before him raises an appearance of impropriety even if
judges are not required to live in seclusion and are permitted to have a
social life that does not detract from the dignity of the court.

A judge issuing two sets of conXicting decisions in a case cannot be

found guilty of violation of the canons on integrity, impartiality and
propriety following the dismissal of the charges of extortion and graft
and corruption against him.

In the New Code of Judicial Conduct for the Philippine Judiciary,

judicial ___________ is considered a pre-requisite to the rule of law
and a fundamental guarantee of a fair trial. *

Independence.

Equality.

Competence.

Integrity.

Whose conduct is not actionable? *

Judge D borrows money from a complainant in a case pending before

him and subsequently offers to resolve the case in favor of
complainant if the latter would write off the debt.

Judge B acts as agent in the sale of real properties within his

territorial jurisdiction and reports his earnings in the realty business in
his SALN.

Judge A posts in his sala’s bulletin board advertisements for

waitresses, waiters and cooks for possible employment in his
restaurant business.

Judge C negotiates a building contract in representation of his

family’s construction <rm of which he serves as member of the board
of directors.

A Court Administrator's auditing team found that Judge Ruby used

business cards which stated, in addition to her official title as
presiding judge of her court, that she is bar topnotcher, her law
school’s “class valedictorian,” and “one of the most sought after
private law practitioners” before she joined the judiciary, all of
which are true. Did Ruby commit an impropriety? *

Yes, unless the cards were given to her as a gift.

No, because all she stated in her business cards are true.

No, because she is free to include in her business cards details that
say who she is.

Yes, because she showed a hunger for publicity and recognition that
debases her judicial post.

A bus driven by Shuri, collided with and damaged the car of Letitia.
In the criminal case filed for reckless imprudence resulting to
physical injuries and damage to property, Judge Wakanda
acquitted accused Shuri. Subsequently, Letitia filed a civil action for
damages against Shuri. The civil case was raffled to the sala of
Judge Wakanda. Can the judge be disqualified from hearing the
civil case? *

No. Judge Wakanda cannot be disquali<ed on the basis of mere

suspicion of partiality. Bias or prejudice cannot be presumed under
the given circumstances.

Yes. The facts warrant the mandatory disquali<cation of Judge

Wakanda since he was the same judge who heard and decided the
criminal case.

Yes. It is evident that Judge Wakanda will be biased in favor of Shuri in

the civil case, since he had already acquitted Shuri in the criminal
case.

No. Although a ground for mandatory disquali<cation, the absence of

any Motion for Inhibition is equivalent to a remittal of the judge’s
disquali<cation.

This is not a Serious Charge against judges: *

Violation of Supreme Court rules, directives and circulars.

Alcoholism and/or vicious habits.

Partisan political activities.

Willful failure to pay a just debt.

Judge Ramon obtained a two (2) year car loan from a financing
company. He never paid a single amortization. After the lapse of
two (2) years, the financing company filed an administrative
complaint against the judge for willful failure to pay a just debt. Is
the judge administratively liable? *

No, since the loan is not connected with his judicial function.

Yes, because a judge should avoid impropriety even in his private

dealings.

No, because the administrative charge is only meant to force the judge
to pay.

Yes, the <nancing company should have availed of the remedy of

foreclosure.

An RTC Judge, notwithstanding the fact that he was facing criminal

charges (not involving moral turpitude) at the time he obtained his
appointment, did not disclose the pendency of the cases either to
the President or to the Supreme Court. Can he be removed from
office? *

No. Absent any conviction, an administrative case against him based

cannot prosper.

Yes. Non-disclosure or concealment of the criminal charges against

him is indicative of lack of good moral character.

Yes. Although not under obligation to make disclosure, the pending

criminal cases showed the judge un<t for the oTce.

No. The criminal cases do not involve moral turpitude; hence, these
had no bearing on his moral character whatsoever.

After several years as a private practitioner, Ben got appointed as

RTC judge. Five years after his appointment, he received summons
directing him to answer a disbarment complaint that pertained to a
document he notarized more than 10 years from appointment date.
Must the complaint be dismissed? *

No, because such complaints do not prescribe.

Yes, because actions on contracts prescribe in 10 years.

No, but the complaint should be veri<ed to ensure transparency.

Yes, because the complaint creates a chilling effect on judicial

independence.

This doctrine holds that: A judge may be imposed disciplinary

penalties even without a formal investigation, if based on the
records, his liability is clear and unquestionable; or when his
actuations on their face show gross incompetence, gross
ignorance of the law or gross misconduct. *

Automatic conversion.

Extrajudicial source.

Judicial immunity.

Res ipsa loquitur.

Bong, son of Judge Rey, is a fourth year law student. He helped his
friend prepare an affidavit-complaint for Violation of Batas
Pambansa Big. 22. After drafting, they showed it to Judge Rey who
made some corrections. Later, the BP 22 case was raffled to Judge
Rey who tried and convicted the accused. Was there impropriety? *

No. Judge’s Rey’s assistance in the preparation of the complaint was

not known to the accused.

Yes. Judge Rey was not a fair and impartial judge.

No. Any other judge would also have convicted the accused, there
being guilt beyond reasonable doubt.

Yes. Judge Rey improperly heard and decided a complaint prepared by

him.

A judge may act as fiduciary of the estate, trust, or person of his

immediate family consisting of his/her spouse and relatives by
consanguinity up to the ______________ civil degree. *

2nd.

6th.

3rd.

4th.

Can the Office of the Ombudsman entertain a criminal complaint

against a judge for alleged falsification of his Certificate of Service
submitted to the Supreme Court? *

Yes. The Ombudsman has criminal jurisdiction over judges, justices

and other oTcials of the judiciary.

Yes. Any administrative action that may be <led against the judge is
absorbed in the criminal action that the Ombudsman may investigate
and prosecute.

No. Sans administrative action taken by the SC, the Ombudsman

investigation encroaches into the SC's power of administrative
supervision over all courts.

No. The matter is purely administrative, the offense having been done
by the judge in the exercise of his oTcial functions.

As guest speaker in a Rotary Club meeting, Judge S was asked

during the open forum what his personal opinion is on ABCD
Party’s move for charter change. He expressed the view that
ABCD’s move should be allowed pursuant to the constitutional
mandate that sovereignty resides in the people. He enjoined all
those present to support ABCD’s crusade. A staunch oppositor of
the ABCD Party filed an administrative complaint against Judge S.
Will the complaint prosper? *

Yes. Judge S is not entitled to entertain his personal views regarding

political questions.

No. Judge S was merely sharing his personal opinion, and not that of
the judiciary.

Yes. Judge S cannot make political speeches or publicly endorse

political ideologies.

No. Judge S is entitled to freedom of speech and expression even on

political issues.

Judge G, when he was still a prosecutor, was charged with

misconduct in the handling of the preliminary investigation of a
falsification charge against Mr. T. The administrative charge was
recommended for dismissal by the Secretary of Justice and the
President later dismissed the charges. Before he was notified of
this presidential action, G was appointed as RTC Judge. Can the
previous administrative case when he was still prosecutor properly
subject the judge to disciplinary action? *

No. The appointment of Judge G had the effect of a rati<cation or

exoneration of his prior malfeasance, misfeasance or nonfeasance in
oTce.

Yes. The previous administrative case, although relative to his prior

prosecutorial post, adversely affects his individual character, rendering
him disquali<ed from judgeship.

No. Having transpired before his appointment concerning acts done

when still a prosecutor, the Supreme Court cannot review the
Presidential action absolving Judge G.

Yes. The previous administrative case of the judge when he was still
prosecutor suggests impropriety and conduct unbecoming of a
potential magistrate.

Whose conduct is not actionable? *

Judge Quadro continues being the administrator of the estate of his

second cousin upon his assumption to the judiciary.

MTC Judge Duo reveals in open court that he is pro-accused and that
a certain criminal case before him should be dismissed as the act
complained of was already decriminalized by special law.

MCTC Judge Tres notarized a Deed of Sale for a fee of P20.00 in favor
of a good friend who could not pay the exorbitant notarial fees
charged by the 2 lawyers residing in their small town.

RTC Judge Solo stopped the lawyer examining a 5-year old rape victim
from asking questions if accused’s penis was hard and whether
accused was pushing and pulling his penis inside her vagina.

In a verified complaint, Kathy said that Judge Florante decided a

petition for correction of entry involving the birth record of her
grandson, Joshua, who happened to be child of Judge Florante's
daughter, Pilita. Judge Florante insisted that he committed no
wrong since the proceeding was non-adversarial and since it
merely sought to correct an erroneous entry in the child’s birth
certificate. Is Judge Florante liable? *

No, because it is true the proceeding was non-adversarial so it

prejudiced no one.

Yes, since the correction in the child’s record affects the details of
birth of the child.

No, because Judge Florante has no pecuniary interest in the

proceeding.

Yes, because Florante breached the rule on mandatory

disquali<cation.

The following statements are true, except: *

A judge should not serve as oTcer, director, manager, advisor or

employee of any business except as director of a family business.

Judges cannot accept appointment or designation to any agency

performing quasi-judicial or administrative functions.

Judges should not make political speeches, contribute to party funds,

publicly endorse candidates for political oTce or participate in other
partisan political activities.

A judge should not be an oTcer, director, trustee, or advisor of a non-

pro<t, non-political, educational, religious, charitable, fraternal or civic
organization.

The New Code of Judicial Conduct for the Philippine Judiciary took
effect on: *

June 1, 2004.

June 1, 2006.

June 1, 2008.

June 1, 2002.

Despite the weight of jurisprudence dictating the impropriety of

bail in the criminal case before him, the trial judge issued an Order
granting bail in favor of the accused in this wise: “I personally
believe that the Supreme Court was wrong in denying bail in the
cases cited, as the High Tribunal overlooked the humanitarian and
equitable considerations therein.” Ethical? *

No. The judge should apply jurisprudence regardless of his personal

opinion.

Yes. The right to bail is factual and should be determined on a case-to-

case basis.

Yes. The courts in this jurisdiction are both of law and of equity.

No. The judge should have deferred judgment to the Supreme Court.

A recently appointed Court of Appeals Justice has various

businesses in the Philippines and abroad. Among other things, his
assets include dollar savings accounts. He is having doubts
whether to report his foreign currency deposit accounts as assets
in his Statement of Assets, Liability and Net Worth (SALN),
considering that he has many enemies in the legal and business
circles. What is your advice? *

Make disclosure in the interest of fair play and to avoid potential

backlash from rivals.

There is no legal obligation to disclose the foreign currency deposits.

Disclosure must be done in the interest of transparency in the

judiciary.

The secrecy of foreign currency deposits demands the absolute

con<dentiality of the same.

RTC Judge Tonto rendered a decision after the lapse of 16 months

from the date the case was deemed submitted for resolution. The
delay in disposition was due to the voluminous records of the case.
Is the Decision valid? *

The delay can only make the Judge administratively liable, but it does
not affect the decision’s validity, the time frame being directory only,
and not mandatory.

The Judge is given unilateral discretion to extend the time frame

within which to decide cases, as long as justi<able reasons exist; thus,
the delay did not affect the decision’s validity.

The delay divests the court of jurisdiction to decide the case, hence,
 the decision is void, having been rendered by the court bereft of
jurisdiction.

Delay in the rendition of decisions by the judiciary lowers its standards

and causes injustice to the parties, thus rendering the decision void.

Whose conduct is not actionable? *

MCTC Judge Barry acquires a brand-new Mini Cooper despite having

no additional sources of income and being the sole breadwinner in the
family with 9 children and fails to report the purchase in his SALN.

Court of Tax Appeals Justice Larry appears as defense counsel in a

criminal case and has his name in his law <rm’s name during the
period of his preventive suspension in relation to an administrative
case.

Sandiganbayan Justice Garry does not inhibit in a graft case even as

the accused claimed that his (Justice’s) wife is Chair of the
presidential commission which recommended the <ling of the case.

RTC Cebu City Judge Harry accepts an appointment as member of the

Butuan City Committee on Justice which exercises administrative
jurisdiction within Butuan City.

At the pre-trial of a civil case for collection, one of the parties

mentioned that he expected to settle his obligation as he was
investing in stocks of a realty corporation that were sure to soar in
the market because of some confidential information he obtained
from his brother-in-law, a top-echelon officer of said corporation.
Upon hearing the information, the judge lost no time in buying
stocks in the realty corporation and as predicted made a lot of
money. Is the judge’s conduct ethical? *

No. The judge took advantage of information that he acquired in his

judicial capacity.

No. The judge should devote his time to his work, and refrain from
business ventures.

Yes. The judge is entitled to earn additional income like everyone else.

Yes. Subscribing to shares of stock is a personal venture not subject

to SC supervision.

Atty. A, during his suspension from the practice of law, was

appointed as RTC judge by the Supreme Court. Is the appointment
proper? *

No. Being suspended at the time of his appointment, Atty. A did not
satisfy a crucial quali<cation for judgeship which is membership in
good standing in the bar.

Yes. No disquali<cation can be imputed to Atty. A, because his

appointment as RTC judge by the Supreme Court effectively lifted his
suspension.

Yes. Except for prohibition from law practice, suspension does not
deprive the lawyer from other rights and privileges of the profession
such as quali<cation to be a judge.

No. Atty. A’s appointment as RTC judge by the Supreme Court is not
tantamount to a lift of his suspension, the latter requiring a speci<c
order or directive to such effect.

In order to maintain order in his court, respondent judge shouted at

the lawyer and the lawyer shouted back. The judge in a loud voice
told the lawyer that the latter is disrespectful. May the judge be
held liable for losing his temper in the courtroom? *

Yes. Because his anger was unprovoked by prior disrespectful conduct

by the lawyer.

No. At times, the maintenance of order in the court requires drastic

measures.

No. The fact of shouting does not necessarily mean losing one’s
temper.

Yes. In maintaining decorum in the court, the court should act with
utmost sobriety.

After the prosecution cross-examined Shiela, a witness for the

accused, Judge Pedro asked her ten additional questions that were
so intense they made her cry. One question forced Sheila to admit
that her mother was living with another man, a fact that weighed
on the case of the accused. This prompted the latter’s counsel to
move to expunge the judge’s questions for building on the
prosecution's case. Judge Pedro denied the motion, insisting that
bolstering a party’s case is incidental to the court’s desire to be
clarified. Did Pedro commit an impropriety? *

Yes, because he effectively deprived the defense of its right to due

process when he acted both as prosecutor and judge.

Yes, because nothing connects his desire to be clari<ed with the

questions he asked.

No, because the judge is free to inquire into any aspect of the case
that would clarify the evidence for him.

No, his ten questions could not be considered an undue intervention.

The following statements are false, except: *

Not all courts have inherent contempt powers, which may proceed
simultaneously with or independently from disciplinary proceedings
against lawyers.

If a former associate of the judge served as counsel during their

association, in the case or matter in controversy, such is a ground for
mandatory disquali<cation of the judge.

Only veri<ed complaints shall be accepted by the Supreme Court to

initiate administrative investigation against judges and justices.

The standard to be followed by the judge in determining the matter of

voluntary inhibition is whether he/she is actually partial or not.

By itself, which is a valid ground for inhibition of judges? *

Counsel has <led an administrative case against the judge.

Counsel is the judge’s fraternity brother back in law school.

Counsel for a party is also the judge’s own counsel.

Counsel is the judge’s ex-wife.

Where the law involved is elementary, ignorance thereof is

considered an indicium of lack of: *

Diligence.

Integrity.

Impartiality.

Propriety.

Whose conduct is not actionable? *

Judge Han, in keeping with his advocacy, serves as director of a stock

corporation devoted to penal reform, where she participates in both
fund raising and fund management.

Judge Chewy, upon seeing a reckless tricycle driver almost hit a child
on the roadside, gave chase, reprimanded the driver, con<scated his
license and demanded that it be claimed from his oTce.

Judge Finn, who is assigned in Tattooine Province, took a leave of

absence during the election period to help his brother who is running
for Governor of Hoth Province conceptualize the campaign strategy.

Judge Rey, at the request of a family friend, perused a deed of

extrajudicial settlement of estate before the friend would sign it as
well as acted as instrumental witness thereon.

From date of submission for decision, collegiate courts lower than

the SC must render decision within __________, unless reduced by
the Supreme Court. *

6 months.

24 months.

18 months.

12 months.

Which after work hours activity may a Judge not engage in? *

Playing in a band at a popular and wholesome hangout.

Sitting as Director of their family’s hospital.

Serving as guardian of a close friend’s child.

Teaching a Basic Economics class at a local university.

Which conduct/situation poses an ethical breach? *

A judge attends the proceedings of an election protest before the

MCTC where his brother is the election protestor inorder to give moral
support.

A judge leases units of his commercial building to law <rms which

have pending cases in his court and whose partners are family
members and/or relatives.

A judge subscribes to shares of stock in blue chip corporations, some

of which are situated within his territorial jurisdiction, and reports such
transactions in his SALN.

A judge receives allowance and is allowed the use of a service vehicle

of a local government unit in the discharge of his functions.

The following are requisites before an MTC Judge may act as a

Notary Public, except: *

Notarial fees must be properly receipted by the Municipal Treasurer.

Certi<cation must be made in the notarized document as to the

justi<cation of the notarization.

There must be no available lawyer or notary public in the locality.

Part of the notarial fees should be turned over to the government.

In the hearing for the probate of a will, the presiding judge

disclosed the fact that his daughter is a legatee therein. He then
asked the parties and their lawyers if they object to his trying the
case. There being none, the judge caused the fact of absence of
objection to be put on record, with the consent of all parties and
their counsels. Thereafter, the judge proceeded to try the case, and
ultimately rendered judgment. Was there a proper remittal of the
judge’s disqualification? *

Yes, the parties and counsels agreed and the matter was properly put
on record.

Yes, the remittal was just a formality since there exists no ground for
disquali<cation.

No, although properly entered in the records, the parties did not confer
independently of the judge’s participation.

No, the agreement was not reduced to writing and signed by the
parties and their counsels.

Which statement is incorrect? *

Judge A is mandatorily disquali<ed from hearing a case where

collaborating counsel of complainant is the law <rm of his son, Atty. A.

Judge D --- who acquitted Mr. X in Crim. Case No. 1 and pronounced
Mr. Y (not an accused) as guilty --- can inhibit in Crim. Case No. 2
subsequently <led against Mr. Y.

Judge C, indebted to Atty. Z who was instrumental to the former’s

appointment to the judiciary, should mandatorily disqualify himself in
a case handled by Atty. Z.

Judge B may not voluntarily inhibit from a case if he is not motivated

by bias or prejudice, and the inhibition is only to dispel any doubt as to
his fairness.

An administrative complaint against an MTC judge was referred by

the Supreme Court to an RTC judge for investigation, report and
recommendation. On the date set for hearing of the complaint, the
RTC Judge had the case called for trial in open court and
proceeded to receive evidence for the complainant. What would
you do if you were the counsel of the respondent MTC judge? *

Actively participate in the trial, and beg leave to present countervailing

evidences for the proper observance of due process.

Object to the RTC judge’s jurisdiction. Only the Supreme Court can
adjudicate administrative complaints against judges.

Actively participate in the trial, then assign as error on appeal to the

Supreme Court the fact that the proceedings were done via trial in
public.

Object to the holding of the trial in public. Disciplinary proceedings are

con<dential in nature until its <nal determination.

Back Submit

Never submit passwords through Google Forms.

This form was created inside of University of San Carlos. Report Abuse

Forms