Code of Judicial Conduct CANON 2 – A judge should avoid impropriety and
Preamble the appearance of impropriety in all activities.
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.
 A judge must be temperate in his language
and must not lose his cool.
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 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 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 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 judge’s 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 judge’s 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
6th degree or to counsel within the
4th degree;
5. e. the judge knows that the judge’s
spouse or child has a financial interest, as CANON 4 – A judge may, with due regard to
heir, legatee, creditor, fiduciary, or official duties, engage in activities to improve
otherwise, in the subject matter in the law, the legal system and the administration
controversy or in a party to the proceeding,
of justice.
or any other interest that could be
Rule 4.01 – A judge may, to the extent that the
substantially affected by the outcome of the
following activities do not impair the
proceeding.
performance of judicial duties or case doubt on
In every instance the judge shall indicate the
the judge’s impartiality:
legal reason for inhibition.
1. a. speak, write, lecture, teach or
 Petition to disqualify judge must be filed
participate in activities concerning the law,
before rendition of judgment by the judge;
the legal system and the administration of
can’t be raised first time on appeal.
justice;
 If a judge denies petition for disqualification,
2. b. appear at a public hearing before a
the ultimate test: is whether or not the
legislative or executive body on matters
complaint was deprived of a fair and impartial
concerning the law, the legal system or the
trial. Remedy: seek new trial.
administration of justice and otherwise
REMITTAL OF DISQUALIFICATION
consult with them on matters concerning
Rule 3.13 – A judge disqualified by the terms of
the administration of justice;
Rule 3.12 may, instead of withdrawing from the 3. c. serve on any organization devoted to
proceeding, disclose on the record the basis of the improvement of the law, the legal
disqualification. If, based on such disclosure, system or the administration of justice.
the parties and lawyers independently of the  Decision to engage in these activities depends
judge’s participation, all agree in writing that upon the sound judgement of the judge.
the reason for the inhibition is immaterial or  If has not enough time to spare (such as when
caseload is too heavy) prudence dictates, he
insubstantial, the judge may then participate in
must concentrate on his judicial duties.
the proceeding. The agreement, signed by all
 If a judge has time to spare, the best attitude
parties and lawyers, shall be incorporated in the
to take is to participate in activities which are
record of the proceeding.
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 court’s 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: COMPLIANCE WITH THE CODE OF JUDICIAL
“Notaries public ex-oficio” – may engage only CONDUCT
in notarization of documents connected with All judges shall strictly comply with this code
the exercise of their official functions.
Provided, all notarial fees on account of the
DATE OF EFFECTIVITY
government and certification attesting to lack
This code, promulgated on 5 September 1989,
of any lawyer or Notary Public.
shall take effect on 20 October 1989.
 Sworn statement of assets and liabilities
 An administrative case against a judge is not
including statement of amounts and services
necessarily dismissed by the withdrawal by or
of income, the amount of personal and family
desistance of the complainant.
expenses and the amount of income tax is
 Retirement, resignation or promotion of a
paid for the next preceding calendar year.
judge does not necessarily render moot and
FINANCIAL DISCLOSURE
academic all the cases against him.
Rule 5.08 – A judge shall make full financial
 Civil Liabilities Re Official Functions:
disclosure as required by law. 1. obstructs, defeats, violates or in any manner
EXTRA-JUDICIAL APPOINTMENTS impedes or impairs the civil rights.
Rule 5.09 – A judge shall not accept 2. Willful or negligent rendition of a decision
appointment or designation to any agency which causes damages to another
performing quasi-judicial or administrative 3. For damages: rendering/neglecting to decide
functions. a case causing loss to a party.
POLITICAL ACTIVITIES  Civil Code Disabilities:
Rule 5.10 – A judge is entitled to entertain
Rule: Can’t purchase properties subject of
personal views on political questions. But to
litigation is his court.
avoid suspicion of political partisanship, a judge
shall not make political speeches, contribute to
Exception: Does not apply where the subject
party funds, publicly endorse candidates for
property was not acquired from any of the parties
political office or participate in other partisan
to the case, nor will it apply when the litigation is
political activities.
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 in court without further proof of its
Manila region. authenticity. (Joson vs. Baltazar)
7. 3. Documents enjoy a presumption
 Q: Must a Notary Public always be a LAWYER? of regularity. It constitutes prima facie
A: General Rule: Only those admitted to the evidence of the facts which give rise to
practice of law are qualified to be notaries public. their execution and of the date of said
Exception: When there are no persons with the execution, but not of the truthfulness
necessary qualifications OR where there are of the statements. The reason for the
qualified persons but refuse appointment. In former presumption is that the law
assumes that the act which the officer
which case, the following persons may be
witnesses and certified to or the date
appointed as notaries:
written by him are not shown to be
1. those who have passed the studies of law in a
false since notaries are public officers.
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