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NEW CODE OF JUDICIAL CONDUCT FOR

PHILIPPINE JUDICIARY
CANON 4: PROPRIETY
PROPRIETY AND THE APPEARANCE OF PROPRIETY ARE ESSENTIAL TO
THE PERFORMANCE OF ALL THE ACTIVITIES OF A JUDGE

PROPRIETY
- Conformity to prevailing customs and usages
SECTION 1.

Judges shall avoid impropriety and the


appearance of impropriety in all of their activities.

REASON:
Public holds judges to higher standards of integrity and ethical
conduct than lawyers
SECTION 2.

As a subject of constant scrutiny, judges must accept personal


restrictions that might be viewed as burdensome by the
ordinary citizen and should do so freely and willingly.

In particular, judges conduct themselves in a way that is


consistent with the dignity of the judicial office.

• Judges are subject to scrutiny both in private and public conduct and is
liable for acts that if committed by any other person would not necessarily
be deemed improper.
SECTION 3.

Judges shall, in their personal relations with individual


members of the legal profession who practice regularly in
their court, avoid situations which might reasonably give
rise to the suspicion or appearance of favoritism or
partiality.

• A judge is to be perceived as impartial, independent and


honest.
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.
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.

• Judge shall not show partiality or favoritism.


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.

• Judges should be mindful of their continuing


commitment to uphold the judiciary.
SECTION 7.

Judges shall inform themselves about their personal


fiduciary financial interests and shall make
reasonable efforts to be informed about the
financial interests of members of their family.

• Judges should be well informed of their financial standing to


avoid temptations of corruption.
SECTION 8.
Judges shall not use or lend the prestige of the judicial office
to advance their private interests, or those of a member of
their family or of anyone else, nor shall they convey or
permit others to convey the impression that anyone is in a
special position improperly to influence them in their
performance of judicial duties.

TWO PROHIBITIONS:
1. A judge may not use judicial office to advance private interests.
2. A judge may not give the impression that he or she can be
influenced to use the judicial office to advance the private interests
of others.
SECTION 9.
Confidential information acquired by judges in
their judicial capacity shall not be used or
disclosed for any other purpose not related to
their judicial duties.

CRIMINAL LIABILITY FOR THE VIOLATION OF THIS RULE:


1. Revelation of secrets of a private individual (RPC, Art. 230)
2. Revelation of secrets by an officer (RPC, Art. 229)
3. Divulging valuable information of a confidential character, acquired by his office
or by him on account of his official position to unauthorized persons or
releasing such information in advance of its authorized release due (R.A. 3019,
Sec. 3)
SECTION 10.
Subject to the proper performance of judicial duties, judges may:

a. Write, lecture, teach and participate in activities concerning the law, the legal
system, the administration of justice or related matters;

b. Appear at a public hearing before an official body concerned with the matters
relating to the law, the legal system, the administration of justice or related
matters; and

c. Engage in other activities if such activities do not detract from the dignity of the
judicial office or otherwise interfere with the performance of judicial duties.

• Allows the judge to participate in legal academia and public discourse


relating to legal matters or the legal system.
SECTION 11.

Judges shall not practice law whilst the


holder of judicial office.

• To avoid the evil of possible use of the power and


influence of his office to affect the outcome of the
litigation where he is retained as counsel.
SECTION 12.

Judges may form or join associations of judges


or participate in other organizations representing
the interests of judges.

• Membership and participation in organization is allowed in


judges-only organizations.
SECTION 13.
Judges and members of their families shall neither ask for
nor accept, any gift, bequest, loan or favor in relation to
anything done or to be done or omitted to be done by him,
or her in connection with the performance of judicial
duties.

GIFT – a thing or a right to dispose of gratuitously, or any act of liberality in favor


of another who accepts it.
LOAN – covers simple loan and commodatum as well as guarantees, financial
arrangements or accomodations
FAVOR – benefit or an advantage received from a person not related to the judge
that is not included in the concept of a gift or loan.
SECTION 14.
Judges shall not knowingly permit court staff or others
subject to their influence, direction or authority, to ask for,
or accept, any gift, bequest, loan or favour in relation to
anything done, to be done or omitted to be done in
connection with their duties or functions.

• What the judge cannot do directly, the judge should


not be allowed to do indirectly through his staff and
others under his authority.
SECTION 15.
Subject to law and to any legal requirements of public
disclosure, judges may receive a token gift, award or
benefit as appropriate to the occasion on which it is
made, provided that such gift, award or benefit might
not be reasonably perceived as intended to influence the
judge I the performance of official duties or otherwise
give rise to an appearance of partiality.

Token Gifts on reasonable occasions are acceptable. Three factors would be


relevant:
1. The value of the gift should not be excessive
2. The regularity of the occasion
3. The source of the gift
-END-
REPORTED BY:
3D
NAVELGAS, ROMAN
SESUCA, ELMERSON
SORIANO, MARIA YNA
ROSETE, FLORENCE
VILLANUEVA, KRISTINE BERNADETTE

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