Code of Judicial Conduct

Preamble
An honorable, competent and independent judiciary exists to administer justice a
nd thus promote the unity of the country, the stability of government, and the w
ell being of the people.
CANON 1- A judge should uphold the integrity and independence of the judiciary
Rule 1.01
dence.

A judge should be the embodiment of competence, integrity, and indepen

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 independ
ence 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 al
l 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 infl
uence judicial conduct or judgment. The prestige of judicial office shall not b
e 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 li
tigation 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 indepen
dent, 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 pen
ding case so as not to arouse public opinion for or against a party (violates th
e Principle of Subjudice)
Judges must not use or permit the use of any undignified/self-laudatory statemen
t 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
nce.

A judge shall be faithful to the law and maintain professional compete

Judge should be conversant with the law and its amendments.

Rule 3.02 In every case, a judge shall endeavor diligently to ascertain the fact
s and the applicable law unswayed by partisan interest, public opinion or fear o
f criticism.
Finding of facts must be based not on the personal knowledge of the judge but up
on the evidence presented.
If the personal view of the judge contradicts the applicable doctrine promulgate
d by the Supreme Court, nonetheless, he should decide the case in accordance wit
h that doctrine and not in accordance with his personal views. He is however no
t prohibited from stating his own opinion on the matter if he wants to invite co
nstructive 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, especi
ally the inexperienced, to litigants, witnesses, and others appearing before the
court. A judge should avoid unconsciously falling into the attitude of mind th
at the litigants are made for the courts, instead of the courts for the litigant
s.
Conduct of trial must not be attended with fanfare and publicity; not permit pic
tures or broadcasting.
Must use temperate language; should not make insulting remarks.
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 th
e 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 personn
el.
Judge should take notes and rely on transcripts.
Judge is not excused if stenographer is overloaded. He is excused for delay on g
rounds of multifarious motions; appellate court enjoins judge from further proce
eding; heavy caseload.
ADMINISTRATIVE RESPONSIBILITIES
Rule 3.08
A judge should diligently discharge administrative responsibilities, m
aintain professional competence in court managements, and facilitate the perform
ance of the administrative functions of other judges and court personnel.
Rule 3.09 A judge should organize and supervise the court personnel to ensure th
e prompt and efficient dispatch of business, and require at all times the observ
ance of high standards of public service and fidelity.
Rule 3.10 A judge should take or inititate appropriate disciplinary measures aga
inst lawyers or court personnel for unprofessional conduct of which the judge ma
y 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, avo
iding nepotism, and favoritism. Unless otherwise allowed by law, the same criter
ia should be observed in recommending appointment of court personnel. Where the
payment of compensation is allowed, it should be reasonable and commensurate wi
th 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 exa
ctly 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 vest
ed in the Supreme Court.
If knowingly nominate or appoint to any public office any person lacking the leg
al qualification therefor, shall be guilty of unlawful appointment punishable wi
th imprisonment and fine (Art 244, RPC).
DISQUALIFICATIONS
Rule 3.12 A judge should take no part in 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 concernin
g the proceeding;
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 witn
ess therein;
c.
the judge s ruling in a lower court is subject of review
d.
the judge is related by consanguinity or affinity to a party litigant wit
hin the 6th degree or to counsel within the 4th degree;
e.
the judge knows that 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.
Petition to disqualify judge must be filed before rendition of judgment by the j
udge; can t be raised first time on appeal.
If a judge denies petition for disqualification, the ultimate test: is whether o
r 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 withdra
wing from the proceeding, disclose on the record the basis of disqualification.
If, based on such disclosure, the parties and lawyers independently of the judg
e s participation, all agree in writing that the reason for the inhibition is imma
terial or insubstantial, the judge may then participate in the proceeding. The
agreement, signed by all parties and lawyers, shall be incorporated in the recor
d 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 judge s impartiality:
a.
speak, write, lecture, teach or participate in activities concerning the
law, the legal system and the administration of justice;
b.
appear at a public hearing before a legislative or executive body on matt
ers concerning the law, the legal system or the administration of justice and ot
herwise consult with them on matters concerning the administration of justice;
c.
serve on any organization devoted to the improvement of the law, the leg
al system or the administration of justice.
Decision to engage in these activities depends upon the sound judgement of the j
udge.
If has not enough time to spare (such as when caseload is too heavy) prudence di
ctates, he must concentrate on his judicial duties.
If a judge has time to spare, the best attitude to take is to participate in act
ivities 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 o
f 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 dignit
y of the courts:
a.
write, lecture, 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-pro
fit or non-political, educational, religious, charitable, fraternal, or civic or
ganization.
If they opt to engage in such activities, they must learn how to manage their ti
me 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 court s impartiality, interfere with the proper perfor
mance of judicial activities, or increase involvements with lawyers or persons l
ikely to come before the court. A judge should so manage investments and other f
inancial interests as to minimize the number of cases giving grounds for disqual
ification.
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, advis
or, or employee of any business except as director of a family business of the j
udge.
Rule 5.04 A judge or any, immediate member of the family, shall not accept a gif
t, 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 disclo
sed 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 mini
mum period or a fine ranging from P200 to P1000 or both, shall be imposed upon a
ny appointive public officer who, during his incumbency, shall directly or indir

ectly 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 a
rresto 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 o
fficer who directly and indirectly, shall become interested in any contract or b
usiness which it is his official duty to intervene.
Sec 3. Corrupt practices of public officers. In addition to acts or omissions o
f public officers already penalized by existing law, the following shall constit
ute corrupt practices of any public officer and are hereby declared to be unlawf
ul:
XXX
(h) Directly or indirectly having financial or pecuniary interest in any busines
s, 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 o
r 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 o
r usage.
FIDUCIARY ACTIVITIES
Rule 5.06
A judge should not serve as the execution administrator, trustee, guar
dian, 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 f
amily fiduciary, a judge shall not:
a.
serve in proceedings that might come before the court of said judge; or
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 prohi
bited by the Constitution or law, a judge may engage in the practice of any othe
r profession provided that such practice will not conflict or tend to conflict w
ith judicial functions.
Includes preparation of pleadings or papers in anticipation of litigation, and g
iving 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 funct
ions. 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 ser
vices of income, the amount of personal and family expenses and the amount of in
come 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 perf
orming 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 poli
tical speeches, contribute to party funds, publicly endorse candidates for polit
ical 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 withd
rawal 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:
obstructs, defeats, violates or in any manner impedes or impairs the civil right
s.
Willful or negligent rendition of a decision which causes damages to another
For damages: rendering/neglecting to decide a case causing loss to a party.
Civil Code Disabilities:
Rule: Can t purchase properties subject of litigation is his court.
Exception: Does not apply where the subject property was not acquired from any o
f the parties to the case, nor will it apply when the litigation is already fini
shed.
But while in a technical sense, the judge may not have acquired the property in l
itigation in a case before him, nevertheless, it is improper for him to have don
e 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 miscond
uct.
Cannot serve as officers or advisers of political groups.
Criminal Liabilities of Judges
Malfeasance under the RPC:
Knowingly Rendering Unjust Judgment (Art. 204, RPC)
The elements are:
that the officer is a judge;
that he renders judgment in a case submitted to him for decision;
that the judgment is unjust;
the judge knows that his judgment is unjust.
Judgment Rendered Through Negligence (Art. 205, RPC)
The elements are:
that the offender is a judge;
that he renders judgment in a case submitted to him for decision
that the judgment is manifestly unjust;
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:
To administer all oaths and affirmations provided for by law:
in all matters incident to his notarial office;
in the execution of:
affidavits
depositions
other documents requiring an oath
To receive proof or acknowledgment of all writings relating to commerce, such as
ships, vessels or boats:
Bills of Exchange
Bottomries
Mortgages
Hypothecations
charter parties or affreightments
letters of attorney
land/buildings or interest therein:
deeds
mortgages
transfers and assignments
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:
execution of formalities required by law; and
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 not
ary public in the City of Manila, the jurisdiction is CO-EXTENSIVE with said cit
y. Circular 8 of 1985 however, clarified further that the notary public may be c
ommissioned 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:
those who have passed the studies of law in a reputable university
a clerk or deputy clerk of court for a period of not less than two years
Effects of NOTARIZATION
The notary, in effect, proclaims to the world:
that all the parties therein personally appeared before him
that they are personally known to him
that they are the same persons who executed the instrument
that he inquired into the voluntariness of the execution of the instrument; and
that they acknowledged personally before him that they voluntarily and freely ex
ecuted the same
2.
Converts a private document into a public one and renders it admissible
in court without further proof of its authenticity. (Joson vs. Baltazar)

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 fo
rmer presumption is that the law assumes that the act which the officer witnesse
s and certified to or the date written by him are not shown to be false since no
taries are public officers.