CODE OF JUDICIAL CONDUCT

PREAMBLE

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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. .
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CANON 1
A JUDGE SHOULD UPHOLD THE INTEGRITY
AND INDEPENDENCE OF THE JUDICIARY
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RULE 1.01 - A judge should be the embodiment of competence, integrity and independence.

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RULE 1.02 - A judge should administer justice impartially and without delay.

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RULE 1.03. - A judge should be vigilant against any attempt to subvert the independence of
the judiciary and should forthwith resist any pressure from whatever source intended to
influence the performance of official functions.

CANON 2
A JUDGE SHOULD AVOID IMPROPRIETY
AND THE APPEARANCE OF IMPROPRIETY
IN ALL ACTIVITIES

RULE 2.01 - A judge should so behave at all times as to promote public confidence in the
integrity
and
impartiality
of
the
judiciary.
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robles
virtual
law
library

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 should refrain from influencing in any manner the
litigation or dispute pending before another court or administrative agency.
CANON 3
A JUDGE SHOULD PERFORM OFFICIAL
DUTIES HONESTLY, AND WITH IMPARTIALITY
AND DILIGENCE

outcome

of

ADJUDICATIVE RESPONSIBILITIES

RULE 3.01 - A judge shall be faithful to the law and maintain professional competence.

RULE 3.02 - In every case, a judge shall endeavor diligently to ascertain the facts and
the applicable law unswayed by partisan interests, public opinion or fear of criticism.

RULE 3.03 - A judge shall maintain order and proper decorum in the court.

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.

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 or the ascertainment of 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.

ADMINISTRATIVE RESPONSIBILITIES

RULE 3.08 - A judge should diligently discharge administrative responsibilities, maintain

professional competence in court management, and facilitate the performance of the
administrative functions or 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 initiate 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.

DISQUALIFICATION

RULE 3.12 - A judge should take no part in a proceeding where the judge's impartiality
might reasonably be questioned. These cases include among others, proceedings where:
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(a) the judge

proceeding;

has

personal

knowledge

of

disputed

evidentiary

facts

concerning

the

(b) the judge served as executor, administrator, guardian, trustee or lawyer in the case
or matter 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;
(c) the judge's ruling in a lower court is the subject of review;
(d) the judge is related by consanguinity or affinity to a party litigant within the sixth
degree or to counsel within the fourth degree;
(e) the judge knows the judge's spouse or child has a financial interest, as heir,
legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or in a
party to the proceeding, or any other interest that could be substantially affected by the
outcome of the proceeding.
In every instance, the judge shall indicate the legal reason for inhibition. .
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REMITTAL OF DISQUALIFICATION

RULE 3.13 - A judge disqualified by the terms of rule 3.12 may, instead of withdrawing
from the proceeding, disclose on the record the basis of disqualification. If, bases on
such disclosure, the parties and lawyers independently of judge's participation, all agree
in writing that the reason for the inhibition is immaterial or insubstantial, the judge
may then participate in the proceeding. The agreement, signed by all parties and lawyers,
shall be incorporated in the record of the proceeding.
CANON 5
A JUDGE SHOULD REGULATE EXTRA-JUDICIAL
ACTIVITIES TO MINIMIZE THE RISK
OF CONFLICT WITH JUDICIAL DUTIES
ADVOCATIONAL, 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
court:
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(a) write, teach and speak on non-legal subjects;

(b) engage in the arts, sports, and other special recreational activities;
(c) participate in civic and charitable activities;
(d) serve as an officer, director, trustee, or non-legal advisor of a non-profit or nonpolitical educational, religious, charitable, fraternal, or civic organization.

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FINANCIAL ACTIVITIES

RULE 5.02 - A judge shall refrain from financial and business dealing that tend to reflect
adversely on the court's impartiality, interfere with the proper performance of judicial
activities or increase involvement 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 disqualifications.

RULE 5.03 - Subject to the provisions of the proceeding rule, a judge may hold and manage
investments but should not serve as officer, director, manager or advisor, or employee of
any business except as director of a family business of the judge.
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RULE 5.04 - A judge or any immediate member of the family shall not accept a gift,
bequest, factor or loan from any one except as may be allowed by law.

RULE 5.05 - No information acquired in a judicial capacity shall be sued or disclosed by a

judge in any financial dealing or for any other purpose not related to judicial
activities.
FIDUCIARY ACTIVITIES
RULE 5.06 - A judge should not serve as the executor, administrator, trustee, guardian, or
other fiduciary, except for the estate, trusts, 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, a judge shall not:
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(a) serve in proceedings that might come before the court of said judge; or
(b) act as such contrary to rules 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.
FINANCIAL DISCLOSURE

RULE 5.08 - A judge shall make full financial disclosure as required by law.

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RULE 5.09 - A judge shall not accept appointment or designation to any agency performing
quasi-judicial or administrative functions. .
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POLITICAL ACTIVITIES
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RULE 5.10 - A judge is entitled to entertain personal views on political questions. But to
avoid suspicion of political partisanship, a judge shall not make political speeches,
contribute to party funds, publicly endorse candidates for political office or participate
in other partisan political activities.
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COMPLIANCE WITH THE CODE OF JUDICIAL CONDUCT

All judges shall strictly comply with this Code. .

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DATE OF EFFECTIVITY

This Code, promulgated on 5 September 1989, shall take effect on 20 October 1989

DISQUALIFICATION OF JUDICIAL OFFICERS

Rule 137
Sec. 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 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. chan robles virtual law
library
.
Sec. 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. chan robles virtual law
library