Old Code of Judicial Conduct.doc

8/14/2019 Old Code of Judicial Conduct.doc

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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 1.1 ! A judge should be the embodiment

of competence" integrity" and independence.

Rule 1.# ! A judge should administer justice

impartially and $ithout delay.

Rule 1.% ! A judge should be &igilant against

any attempt to sub&ert the independence of

the judiciary and resist any pressure from

$hate&er 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 # ! A judge should a&oid impropriety

and the appearance of impropriety in all

acti&ities.


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Rule #.1 ! A judge should so beha&e at all

times as to promote public confidence in the

integrity and impartiality of the judiciary.

Rule #.# ! A judge should not see' publicity

for personal &ainglory.

Rule #.% ! A judge shall not allo$ family"

social" or other relationships to influence

judicial conduct or judgment. (he prestige of

judicial office shall not be used or lent to

ad&ance the pri&ate interests of others" nor

con&ey or permit others to con&ey the

impression that they are in a special position

to influence the judge.

Rule #.) ! A judge shall refrain from

influencing in any manner the outcome of

litigation or dispute pending before another

court of administrati&e 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.

very 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 ma!ing public

statements in the media regarding a pending

case so as not to arouse public opinion for or


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against a party "violates the #rinciple of

Subjudice$

Judges must not use or permit the use of any

undignified%self&laudatory statement regarding

their 'ualifications 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 % - A judge should perform official

duties honestly" and $ith impartiality and

diligence.

A*J+*,CA(, R/PON/,0,,(,/

Rule %.1 ! A judge shall be faithful to the la$

and maintain professional competence.

Judge should be conversant with the law and

its amendments.

Rule %.# ! ,n e&ery case" a judge shall

endea&or diligently to ascertain the facts and

the applicable la$ uns$ayed by partisan

interest" public opinion or fear of criticism.

(inding of facts must be based not on the

personal !nowledge of the judge but upon the

evidence presented.

)f the personal view of the judge contradicts

the applicable doctrine promulgated by the

Supreme *ourt, nonetheless, he should decide

the case in accordance with that doctrine and


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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 %.% ! A judge shall maintain order and

proper decorum in the courts.

Rule %.) ! A judge should be patient"

attenti&e" and courteous to la$yers" especially

the ine2perienced" to litigants" $itnesses" and

others appearing before the court. A judge

should a&oid unconsciously falling into the

attitude of mind that the litigants are made for

the courts" instead of the courts for the

litigants.

*onduct of trial must not be attended with

fanfare and publicity+ not permit pictures or

broadcasting.

Must use temperate language+ should not

ma!e insulting remar!s.

Rule %.3 ! A judge shall dispose of the court4s

business promptly and decide cases $ithin the

re5uired periods.

Rule %.6 ! 7hile a judge may" to promote

justice" pre&ent $aste of time or clear up some

obscurity" properly inter&ene in the

presentation of e&idence during the trial" it

should al$ays be borne in mind that undue

interference may pre&ent the proper

presentation of the cause of the ascertainment

of the truth.

Rule %.8 ! A judge should abstain from

ma'ing public comments on any pending or


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impending case and should re5uire similar

restraint on the part of court personnel.

Judge should ta!e 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.

A*9,N,/(RA(, R/PON/,0,,(,/


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Rule %.: ! A judge should diligently discharge

administrati&e responsibilities" maintain

professional competence in court

managements" and facilitate the performance

of the administrati&e functions of other judges

and court personnel.

Rule %.; ! A judge should organi


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deadlines for the resolution%decision of the said

cases.

oss 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 *ourt.

)f !nowingly nominate or appoint to any public

office any person lac!ing the legal 'ualification

therefor, shall be guilty of unlawful appointment

punishable with imprisonment and fine "Art //,

0#*$.


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*,/=+A,>,CA(,ON/

Rule %.1# ! A judge should ta'e no part in

proceeding $here the judge4s impartiality

might reasonably be 5uestioned. (hese cases

include" among others" proceedings $here?

1. a. the judge has personal 'no$ledge

of disputed e&identiary facts concerning

the proceeding?

#. b. the judge ser&ed as e2ecutor"

administrator" guardian" trustee or la$yer

in the case or matters in contro&ersy" or a

former associate of the judge ser&ed as

counsel during their association" or the

judge or la$yer $as a material $itness

therein?

%. c. the judge4s ruling in a lo$er court is

subject of re&ie$

). d. the judge is related by consanguinity

or affinity to a party litigant $ithin the

6thdegree or to counsel $ithin the

)thdegree?


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la$yers" shall be incorporated in the record of

the proceeding.

CANON ) ! A judge may" $ith due regard to

official duties" engage in acti&ities to impro&e

the la$" the legal system and the

administration of justice.

Rule ).1 ! A judge may" to the e2tent that the

follo$ing acti&ities do not impair the

performance of judicial duties or case doubt on

the judge4s impartiality@

1. a. spea'" $rite" lecture" teach or

participate in acti&ities concerning the

la$" the legal system and the

administration of justice?

#. b. appear at a public hearing before a

legislati&e or e2ecuti&e body on matters

concerning the la$" the legal system or

the administration of justice and other$ise

consult $ith them on matters concerning

the administration of justice?

%. c. ser&e on any organi


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and which do not consume much of his time and

energy.

CANON 3 ! A judge should regulate e2tra-

judicial acti&ities to minimi


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OCA(,ONA" C,,C AN* CAR,(A0

AC(,,(,/

Rule 3.1 ! A judge may engage in the

follo$ing acti&ities pro&ided that they do not

interfere $ith the performance of judicial

duties or detract from the dignity of the

courts@

1. a. $rite" lecture" teach and spea' on

non-legal subjects?

#. b. engage in the arts" sports" and other

special recreational acti&ities?

%. c. participate in ci&ic and charitable

acti&ities?

). d. ser&e as an officer" director" trustee"

or non-legal ad&isor of a non-profit or non-

political" educational" religious" charitable"

fraternal" or ci&ic organi


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>,NANC,A AC(,,(,/

Rule 3.# ! A judge shall refrain from financial

and business dealings that tends to reflect

ad&ersely on the court4s impartiality" interfere

$ith the proper performance of judicial

acti&ities" or increase in&ol&ements $ith

la$yers or persons li'ely to come before the

court. A judge should so manage in&estments

and other financial interests as to minimi


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Prohibitions under the Re&ised Penal

Code@

Art 34. Prohibited Transaction.5he penalty

ofprision correccionalin its minimum period or a fine

ranging from #66 to #3666 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 37. Possession of prohibited interest by a public

officer.5he penalty of arresto mayorin its medium

period toprision correccionalin its minimum period,

or a fine ranging from #66 to #3666, 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. )n

addition to acts or omissions of public officers

already penali8ed by existing law, the following

shall constitute corrupt practices of any public

officer and are hereby declared to be unlawful-

999

"h$ 2irectly or indirectly having financial or pecuniary

interest in any business, or contract or transaction in

connection with which here intervenes or ta!es part

in his official capacity or in which he is prohibited by

the *onstitution or by any law from having any

interest, "Sec. :"h$, 0A :63;$


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Beneral Rule- Avoid ta!ing or receiving loans

from litigants.

2ception"A,*+C,AR AC(,,(,/

Rule 3.6 ! A judge should not ser&e as the

e2ecution administrator" trustee" guardian" or

other fiduciary" e2cept for the estate" trust" or

person of a member of the immediate family

and then only if such ser&ice $ill not interfere

$ith the proper performance of judicial duties.

Dmember of immediate familyE shall be limited

to the spouse and relati&es $ithin the second

degree of consanguinity. As a family fiduciary"

a judge shall not@


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)ncludes preparation of pleadings or papers in

anticipation of litigation, and giving of legal

advice to clients or persons needing the same.

>ot engage in notarial wor!. xception-

?>otaries public ex&oficio@ may engage only in

notari8ation of documents connected with the

exercise of their official functions. #rovided, all

notarial fees on account of the government and

certification attesting to lac! of any lawyer or

>otary #ublic.

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.

>,NANC,A *,/CO/+R

Rule 3.: ! A judge shall ma'e full financial

disclosure as re5uired by la$.


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F(RA-J+*,C,A APPO,N(9N(/

Rule 3.; ! A judge shall not accept

appointment or designation to any agency

performing 5uasi-judicial or administrati&e

functions.

PO,(,CA AC(,,(,/

Rule 3.1 ! A judge is entitled to entertain

personal &ie$s on political 5uestions. 0ut to

a&oid suspicion of political partisanship" a

judge shall not ma'e political speeches"

contribute to party funds" publicly endorse

candidates for political office or participate in

other partisan political acti&ities.

CO9P,ANC 7,( ( CO* O> J+*,C,A

CON*+C(

All judges shall strictly comply $ith this code

*A( O> >>C(,,(

(his code" promulgated on 3 /eptember 1;:;"

shall ta'e effect on # October 1;:;.

An administrative case against a judge is not

necessarily dismissed by the withdrawal by or

desistance of the complainant.

0etirement, resignation or promotion of a

judge does not necessarily render moot and

academic all the cases against him.

*ivil iabilities 0e Bfficial (unctions-


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3. obstructs, defeats, violates or in any manner

impedes or impairs the civil rights.

. Cillful or negligent rendition of a decision

which causes damages to another

:. (or damages- rendering%neglecting to decide a

case causing loss to a party.

*ivil *ode 2isabilities-

0ule- *an1t purchase properties subject of litigation

is his court.

xception- 2oes not apply where the subject

property was not ac'uired from any of the parties to

the case, nor will it apply when the litigation is

already finished.

DutE while in a technical sense, the judge may not

have ac'uired 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.

2onations made to a judge by reason of his

office are void.

5a!ing advantage of his position to boost his

candidacy amounts to gross misconduct.

*annot serve as officers or advisers of political

groups.

Criminal iabilities of Judges

Malfeasance under the 0#*-

3. Fnowingly 0endering =njust Judgment (Art.

204, PC!

5he elements are-

3. that the officer is a judge+

. that he renders judgment in a case submitted

to him for decision+


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:. that the judgment is unjust+

/. the judge !nows that his judgment is unjust.

3. Judgment 0endered 5hrough >egligence (Art.

20", PC!

5he elements are-

3. 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

#owers and 2uties of a >otary #ublic

Section /3 of the 0evised Administrative Act

enumerates the otary #ublic-

3. 5o administer all oaths and affirmations

provided for by law-

3. in all matters incident to his notarial

office+

. in the execution of-

3. affidavits

. depositions

:. other documents re'uiring an oath

3. 5o receive proof or ac!nowledgment of all

writings relating to commerce, such as

3. ships, vessels or boats-

3. Dills of xchange

. Dottomries

:. Mortgages

/. Hypothecations

4. charter parties or affreightments


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7. letters of attorney

G. land%buildings or interest therein-

3. deeds

. mortgages

:. transfers and assignments

/. other writings as are

commonly provided or

ac!nowledged before notaries.

:. 5o act as magistrate in the writing of affidavits or

depositions

/. 5o ma!e declarations and certify the truth thereof

under his seal of office, concerning all matters done

by him in virtue of his office.

5he law imposes on the notary public two !inds

of duties-

3. execution of formalities re'uired by law+ and

. verification of the capacity and identity of the

parties as well as the legality of the act

executed.

xtent of Jurisdiction of a >otary #ublic-

=nder the >otarial aw, the jurisdiction of a notary

public in general, used to be *B&95>S) with the

province for which he was commissioned+ and for the

notary public in the *ity of Manila, the jurisdiction is

*B&95>S) with said city. *ircular I of 3;I4

however, clarified further that the notary public may

be commissioned for the same term only by one

court within the Metro Manila region.

- Must a >otary #ublic always be a ACK0L


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A- #eneral ule$ Bnly those admitted to the practice

of law are 'ualified to be notaries public.

%&ception- Chen there are no persons with the

necessary 'ualifications B0 where there are 'ualified

persons but refuse appointment. )n which case, the

following persons may be appointed as notaries-

3. those who have passed the studies of law in a

reputable university

. a cler! or deputy cler! of court for a period of

not less than two years

ffects of >B5A0)A5)B>

3. 5he notary, in effect, proclaims to the world-

3. that all the parties therein personally

appeared before him

. that they are personally !nown to him

:. that they are the same persons who

executed the instrument

/. that he in'uired into the voluntariness of

the execution of the instrument+ and

4. that they ac!nowledged personally

before him that they voluntarily and freely

executed the same

7. 2. *onverts a private document into a

public one and renders it admissible in

court without further proof of its

authenticity. "'oson s. )alta*ar!

G. 3. 2ocuments enjoy a presumption of

regularity. )t 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. 5he reason for the former


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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.

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