EXTRAJUDICIAL ACTIVITIES OF JUDGES

b). Appear in public hearing before an official body concerned with matters
relating to the law, the legal system, the administration of justice or related
matters. (Section 10, Canon 4, NCJC)

A judge should regulate his extrajudicial activities so as far as to minimize the risk
of conflict with judicial duties.
This section allows the judge to participate in public discourse on legal matters
with the proviso that there shall be no interference in the performance of the
judges primary functions with respect to his or her jurisdiction.
Appear in public hearing before an official body appear at a public hearing
before a legislative or executive body on matters concerning: the law, legal
system, the administration of justice and otherwise consult with them on matters
concerning the administration of justice.
This sections tolerance of judicially-related activities is limited by Section 12,
Article 8 of the Constitution which prohibits judges from being designated to any
agency performing quasi-judicial or administrative functions.

So, for example, comment and consultation authorized by the canon would include
testimony regarding the judicial branchs budget, or a bond measure for court
construction, or a bill proposing to replace court reporters with electronic recording, as
these matters clearly relate to the administration of justice. (California Judicial Conduct
Handbook (3d ed. 2007), 11.03, p. 571(Rothman).)
The committee has been asked to consider whether comment and consultation is also
permissible under the exception in several scenarios involving proposed legislation and
political measures that are related to the legal system but that also involve policy
considerations. Specifically, the committee has been asked whether a judge may
appear at a public hearing to advocate for shorter or longer sentences for drug
offenders, or whether such an appearance would be permissible if, instead of
advocating for specific legislation or sentences for particular offenders, the judge
explained to the public body, from a judicial perspective, the effects of any of these
proposed laws. The committee has also been asked whether advocacy on a proposed
constitutional amendment to replace the death penalty with life without parole, or
advocacy on a proposed amendment to collective bargaining laws would be allowed.
This suggests that the reason the canons permit a judge to speak publicly or consult
officially with other branches of government on matters concerning the law, the legal
system, or the administration of justice, is that it benefits the lawmaking process, and
thus society, for judges to share their expertise in the law and the justice system with

the other branches of government in a manner other than simply performing the duties
of their office. (http://www.judicialethicsopinions.ca.gov)
Judges shall not practice law whilst the holder of judicial office. (Section 11,
Canon 4, NCJC)

This prohibition is based on the inherent incompatibility of the rights, duties and
functions of the office of an attorney with the powers, duties and functions of a
judge.
The prohibition is based on sound reasons of public policy.
The position of a judge is a fulltime duty and responsibility. There is no time for
judges to pursue another profession, occupation or calling which equally requires
attention, mindfulness and vigilance.

Judge; Prohibition against private practice of law. Section 35 of Rule 138 of the
Rules of Court expressly prohibits sitting judges like Judge Malanyaon from engaging in
the private practice of law or giving professional advice to clients. Section 11 Canon 4
(Propriety), of the New Code of Judicial Conduct and Rule 5.07 of the Code of Judicial
Conduct reiterate the prohibition from engaging in the private practice of law or giving
professional advice to clients. The prohibition is based on sound reasons of public
policy, considering that the rights, duties, privileges and functions of the office of an
attorney are inherently incompatible with the high official functions, duties, powers,
discretion and privileges of a sitting judge. It also aims to ensure that judges give their
full time and attention to their judicial duties, prevent them from extending favors to their
own private interests, and assure the public of their impartiality in the performance of
their functions. These objectives are dictated by a sense of moral decency and desire to
promote the public interest.
Thus, an attorney who accepts an appointment to the Bench must accept that his right
to practice law as a member of the Philippine Bar is thereby suspended, and it shall
continue to be so suspended for the entire period of his incumbency as a judge. The
term practice of law is not limited to the conduct of cases in court or to participation in
court proceedings, but extends to the preparation of pleadings or papers in anticipation
of a litigation, the giving of legal advice to clients or persons needing the same, the
preparation of legal instruments and contracts by which legal rights are secured, and
the preparation of papers incident to actions and special proceedings.
In this case, Judge Malanyaon engaged in the private practice of law by assisting his
daughter at his wifes administrative case, coaching his daughter in making
manifestations or posing motions to the hearing officer, and preparing the questions that

he prompted to his daughter. (Sonia C. Decena and Rey C. Decena vs. Judge Nilo A.
Malanyaon, RTC, Br. 32, Pili, Camarines Sur. A.M. RTJ-10-2217. April 8, 2013)