Section 4.

Judges shall not participate in the determination of a case in which

any member of their family represents a litigant or is associated in any manner
with the case.
Impartiality of the trial implies an absence of actual bias on the part of the judge. The judge must act in a
manner completely free from suspicion as to its fairness and as to his integrity.

Judges should not only be impartial, but should also appear impartial. (Fernandez vs. Presbitero, 79
SCRA 61.) While judges should possess proficiency in law in order that they can competently construe
and enforce the law, it is more important that they should act and behave in such a manner that the
parties before them should have confidence in their impartiality (lbid). It is now beyond dispute that due
process cannot be satisfied in the absence of that degree of objectivity on the part of a judge sufficient
to reassure litigants of his being fair and just (Mateo Jr. vs. Villaluz, 50 SCRA 18).

It has been said, in fact, that due process of law requires a hearing before an impartial and disinterested
tribunal and that every litigant is entitled to nothing less than the cold neutrality of an impartial judge
(Gutierrez vs. Santos, 2 SCRA 249, Villapando vs. Quitain, 75 SCRA 24).

In Castillo vs. Juan, 62 SCRA 124, We held that in the event that a judge may be unable to discern for
himself his inability to meet the test of the cold neutrality required of in this Court has seen to it that he
should disqualify himself.

RULE 137

Disqualification of Judicial Officers

Section 1. Disqualification of judges. — No judge or judicial officer shall sit in any case in which he, or
his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise, or in which he is related
to either party within the sixth degree of consanguinity or affinity, or to counsel within the fourth
degree, computed according to the rules of the civil law, or in which he has been executor,
administrator, guardian, trustee or counsel, or in which he has been presided in any inferior court when
his ruling or decision is the subject of review, without the written consent of all parties in interest,
signed by them and entered upon the record.

A judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or
valid reasons other than those mentioned above.

Section 2. Objection that judge disqualified, how made and effect. — If it be claimed that an
official is disqualified from sitting as above provided, the party objecting to his competency may, in
writing, file with the official his objection, stating the grounds therefor, and the official shall thereupon
proceed with the trial, or withdraw therefrom, in accordance with his determination of the question of
his disqualification. His decision shall be forthwith made in writing and filed with the other papers in the
case, but no appeal or stay shall be allowed from, or by reason of, his decision in favor of his own
competency, until after final judgment in the case.
 ■ Section. 5. Judges shall not allow the use of their residence by a member
of the legal profession to receive clients of the latter or of other members
of the legal profession.
ADVERTISING AND SOLICITATION

General Rule: A lawyer cannot advertise his talent, as he is a member of an honorable profession
whose primary purpose is to render public service and help secure justice and in which the
remuneration is a mere incident. It is highly unethical for an attorney to advertise his talents or skill as
a merchant advertises his wares. [In re: Tagorda 53 Phil 42]

Exceptions: 1. Writing legal articles

2. Engaging in business or other occupations except when such could be deemed improper, be seen as
indirect solicitation or would be the equivalent of law practice.

3. Law lists, but only brief biographical and informative data

4. Ordinary, professional cards

5. Notice to other local lawyers and publishing in a legal journal of one’s availability to act as an
associate for them

6. The proffer of free legal services to the indigent, even when broadcasted over the radio or
tendered through circulation of printed matter to the general public.

7. Seeking a public office, which can only be held by a lawyer or, in a dignified manner, a position as a
full time corporate counsel.

8. Simple announcement of the opening of a law firm or of changes in the partnership, associates, firm
name or office address, being for the convenience of the profession.

9. Listing in a phone directory, but not under a designation of a special branch of law.

10. Activity of an association for the purpose of legal representation.

CANON 3 - A LAWYER IN MAKING KNOWN HIS LEGAL SERVICES SHALL USE ONLY TRUE, HONEST, FAIR,
DIGNIFIED AND OBJECTIVE INFORMATION OR STATEMENT OF FACTS.

Rule 3.01 - A lawyer shall not use or permit the use of any false, fraudulent, misleading, deceptive,
undignified, self-laudatory or unfair statement or claim regarding his qualifications or legal services.

Rule 3.02 - In the choice of a firm name, no false, misleading or assumed name shall be used. The
continued use of the name of a deceased partner is permissible provided that the firm indicates in all its
communications that said partner is deceased.
 Rule 3.03 - Where a partner accepts public office, he shall withdrawal from the firm and his name shall
be dropped from the firm name unless the law allows him to practice law currently.

Rule 3.04 - A lawyer shall not pay or give anything of value to representatives of the mass media in
anticipation of, or in return for, publicity to attract legal business.

ULEP VS THE LEGAL CLINIC

The Supreme Court also enumerated the following as allowed forms of advertisement:

Advertisement in a reputable law list

Use of ordinary simple professional card

Listing in a phone directory but without designation as to his specialization

Section 6. Judges, like any other citizen, are entitled to freedom of expression,
belief, association and assembly, but in exercising such rights, they shall always
conduct themselves in such a manner as to preserve the dignity of the judicial
office and the impartiality and independence of the judiciary.
■ Article III , Section 4 Bill of Rights of the 1987 Constitution of the Philippines.

Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the
right of the people peaceably to assemble and petition the government for redress of grievances.

CANON 7 - A LAWYER SHALL AT ALL TIMES UPHOLD THE INTEGRITY AND DIGNITY OF THE LEGAL
PROFESSION AND SUPPORT THE ACTIVITIES OF THE INTEGRATED BAR.

Rule 7.01 - A lawyer shall be answerable for knowingly making a false statement or suppressing a
material fact in connection with his application for admission to the bar.

Rule 7.02 - A lawyer shall not support the application for admission to the bar of any person known by
him to be unqualified in respect to character, education, or other relevant attribute.

Rule 7.03 - A lawyer shall not engage in conduct that adversely reflects on his fitness to practice law,
nor shall he whether in public or private life, behave in a scandalous manner to the discredit of the legal
profession.