LEGAL and JUDICIAL ETHICS

Atty. Cecilio D. Duka, Ed.D.

Associate Dean, San Sebastian College of Law
Professor, De La Salle University College of Law
Arellano University School of Law

Definition
Legal Ethics It is a branch of moral science which treats of the duties which an attorney
owes to the court, to his client, to his colleagues in the profession and to the public.

Characteristic of Legal Profession

1. Legal Profession is a duty of public service;

2. A relation as an officer of the courts to the administration of judicial involving thorough

sincerity, integrity, and reliability;

3. A relation to clients with the highest degree of fiduciary;

4. A relation to the colleagues at the bar characterized by candor, fairness and

unwillingness to resort to current business methods of advertising and encroachment
on their practice or dealing directly with their clients.

Four-Fold Duties of a lawyer:

1. Court respect or defend against criticisms uphold authority and dignity, obey order
and processes assist in the administration of justice
2. Bar candor, fairness, courtesy, and truthfulness, avoid encroachment on the
business of other lawyers, uphold the honor of the profession.
3. Client entire devotion to clients interest.
4. Public should not violate his responsibility to society, exemplary for unrighteousness
ready to render legal aid, foster social reforms, guardian of due process, aware of
special role in the solution of special problems and be always ready to lend
assistance in the study and solution of social problems.

VII. Lawyer Oath

I,___________, do solemnly swear that I will maintain allegiance to the Republic of the
Philippines; I support its Constitution and obey the laws as well as the legal orders of
the duly constituted authorities therein; I will do no falsehood, nor consent to the
doing of any in court, I will not wittingly or willingly promote or sue any groundless false
or unlawful suit, nor give aid nor consent to the same, I will delay no man for money or
malice, and will conduct myself as a lawyer according to the best of my knowledge
and discretion, with all good fidelity as well to the courts as to my clients; and impose
upon myself this voluntary obligation without any mental reservation or purpose of
evasion. So help me God.

Admission to Practice
The Supreme Court under Sec.5 (5), Art. VIII of the 1987 Constitution shall have the
power to admit candidates to the practice of law. The constitutional power to admit
candidates to the legal profession is a judicial function and involves exercise of discretion.
Petition to that end is filed with the Supreme Court as are other proceedings invoking judicial
function.(In re: Almacen, 31 SCRA 562).
 The SC acts through a Bar Examination Committee in the exercise of its judicial
function to admit candidates to the legal profession. Thus, the Committee is composed of a
member of the Court who acts as Chairman and 8 members of the bar who acts as
examiners in the 8 bar subjects with one subject assigned to each. (In re: Lanuevo 66 SCRA
245)

Bar Matter No. 1153, March 9, 2010 (Amended Section 5, Rule 138)
A Filipino citizen who graduated from a foreign law school shall be admitted to the bar
examination only upon submission to the Supreme Court of certifications showing:
(a) completion of all courses leading to the degree of Bachelor of Laws or its equivalent
degree;
(b) recognition or accreditation of the law school by the proper authority; and
(c) completion of all fourth year subjects in the Bachelor of Laws academic program in a
law school duly recognized by the Philippine Government.
A Filipino citizen who completed and obtained his or her degree in Bachelor of Laws or its
equivalent in a foreign law school must also present proof of completion of a separate
bachelors degree.

What Constitutes Practice of Law

It covers any activity, in or out, which requires the application of law, legal principles,
practice or procedure and calls for legal knowledge, training and experienced (Phil Lawyers
Association vs. Agrava 105 Phil 173)
To engage in the practice of law is to perform those acts which are characteristics of
the legal profession. Generally, to practice law is to give notice or render any kind of service,
which devise or service requires the use, in any degree, of legal knowledge or skill.

Essential Criteria in Determining engagement in the Practice of Law:

1. Habituality implies customarily or habitually holding oneself out to the public as a
lawyer.
2. Compensation implies that one must have presented himself to be in the active
practice and that his professional services are available to the public for
compensation as a source of his livelihood or in consideration of his said services.
3. Application of law, legal principle, practice or procedure which calls for legal
knowledge, training and experience.
4. Attorney-client relationships.

The practice of law a right or a privilege

The practice of law is basically a privilege because it is limited to persons of good moral
character with special qualifications duly ascertained and certified. The practice of law is
not a natural, property or constitutional right but a mere privilege. But while the practice of
law is a privilege, a lawyer cannot be prevented from practicing law except for valid
reasons, the practice of law not being a matter of states grace or favor.

Requirements before a candidate can engage in the Practice of Law:

1. He must have been admitted to the Bar

2. After his admission to the bar, a lawyer must remain in good and regular standing,
which is continuing requirement for the practice of law.

Duties of a Lawyer:

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 1. To maintain allegiance to the Republic of the Philippines and to support the
Constitution and obey the laws of the Philippines;
2. To observe and maintain the respect due to the courts of justice and judicial officers;
3. To counsel and maintain the respect due to the courts of justice and judicial officers;
4. To employ, for the purpose of maintaining the causes confided to him, such means
only as are consistent with truth and honor, and never seek to mislead the judge or
any judicial officer by an artifice of false statement of fact or law;
5. To maintain inviolate the confidence and at every peril to himself, to preserve the
secrets in connection with his clients business except from him or with his knowledge
and approval;
6. To abstain from all offensive personality and to advance no fact prejudicial to the
honor and reputation of a party or witness, unless required by the justice of the cause
with which he is charged;
7. Not to encourage either the commencement or the continuance of an action or
proceeding or delay any mans cause from any corrupt motive or interest;
8. Never to reject for any consideration personal to himself the cause of the defenseless
or oppressed;
9. In the defense of a person accused of crime by all fair and honorable means,
regardless of his personal opinion as to the guilt of the accused to present every
defense that the law permits to the end that no person may be deprived of life or
liberty but by due process of law.

Basic Requirements for all applicant for admission to the Bar

He must be:
a. A citizen of the Philippines;
b. At least 21 years of age;
c. Of good moral character;
d. Resident of the Philippines;
e. Must produce before the SC satisfactory evidence of good moral character;
f. No charges against him, involving moral turpitude, have been filed or are
pending in any court in the Philippines;
g. Must have complied with the academic requirements;
h. Pass the bar examinations.

Non-Lawyers who are authorized to appear in court

a. Before the MTC, a party may conduct his own litigation in person (Sec 4, Rule
138);

b. Before any court, a party may conduct his litigation personally. But if he gets
someone to aid him, that someone must be a member of the bar. He is
bound by the same rules in conducting the trial of the case. He cannot, after
judgment, claim he was not properly represented.

c. In a criminal case before the MTC, in a locality where a duly licensed member
of the bar is not available, the judge may appoint a non-lawyer which is a
resident in the province, of good repute for probity and ability to aid the
accused in his defense (Sec.7, Rule 116).

d. A law student who has completed all his third year subjects, who is enrolled in
a recognized law schools clinical education programs approved by the SC
may appear before any court without any compensation to represent
indigent clients accepted by the Legal Clinic of the school. The student shall
be under the direct supervision and control of the IBP member duly
accredited by the law school.

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 e. Under the Labor Code, a non-lawyers may appear before the NLRC or any
Labor arbiter if they:
1. represent themselves;
2. represent their organization or members thereof (Art 228, Labor Code).

f. A non-lawyer may represent a claimant before the Cadastral Court (Sec. 9,

Act # 2259).

h. Any person appointed to appear for the Government of the Philippine in

accordance with law (Sec.33, Rule 138).

Public Officials who cannot practice law in the Philippines:

a. Judges and other officials or employees of superior court;

b. Officials and employees of the Office of the Solicitor General;
c. Government Prosecutors;
d. President, Vice-President, members of the Cabinet, their deputies and
assistants;
e. Chairman and members of the Constitutional Commissions;
f. Ombudsman and hid deputies;
g. Governors, city and municipal mayors;
h. Those who, by special law are prohibited from engaging in the practice of
their legal profession.

Public Officials with Restrictions in the Practice of Law:

a. Senators and Members of the House of Representatives;

b. Members of the Sanggunian;
c. Retired Justice or Judge;
d. Civil Service officers or employees without permit from their respective
department heads.

Restrictions in the Practice of Law of the Members of the Legislature

A lawyer who is a member of the legislature is only prohibited from personally
appearing as counsel before any court of justice, electoral tribunals or quasi-judicial and
administrative bodies.
The word appearance includes not only arguing a case before any such but also
filing a pleading on behalf of a client and simply filing a formal motion, plea or answer.
Neither can he allow his name to appear in such pleading by itself or as part of a firm name
under the signature of another qualified lawyer because the signature of an agent amounts
to signing of a non-qualified senator or congressman, the office of an attorney being
originally of agency and because he will by such act be appearing in court or quasi-judicial
or administrative body in violation of the constitutional restriction. He cannot do indirectly
what the Constitution prohibits.

Roque vs. IAC, November 11, 1985

Barratry necessarily requires a willful and intentional act in its commission.
No honest error of judgment or mere negligence, unless criminally gross, can be barratry.

Ambulance Chasing
The practice of soliciting cases for the purpose of gain, either personally or through
paid agents or brokers, constitutes malpractice.

MCLE, Bar Matter No. 850, October 2, 2001

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 To ensure that throughout their career, they keep abreast with law and jurisprudence,
maintain the ethics of the profession and enhance the standards of the practice of law.

Exemptions
The President, Vice-President, and the Secretaries and Undersecretaries of executive
departments; Senators and Members of the House of Representatives; The Chief Justice and
Associate Justices of the SC, incumbent and retired justices of the judiciary, incumbent
members of the Judicial and Bar Council and incumbent court lawyers covered by the
Philippine Judicial Academy Program of continuing legal education; The Chief State
Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice; The
Solicitor-General and the Assistant Solicitor-General; The Government Corporate Counsel,
Deputy and Assistant Government Corporate Counsel; The Chairman and Members of the
Constitutional Commissions; The Ombudsman, the Overall Deputy Ombudsman, the Deputy
Ombudsman and the Special Prosecutor of the Office of the Ombudsman; Heads of
government agencies exercising quasi-judicial functions; Incumbent deans, bar reviewers
and professors of law who have teaching experience for at least 10 years in accredited law
schools; The Chancellor, Vice-Chancellor and members of the Corps of Professional Lecturers
of the Philippine Judicial Academy; and Governors and Mayors; Those who are not in law
practice, private or public; Those who have retired from law practice with the approval of
the IBP Board of Governors.

Sanctions
A member who, for whatever reason, is in non-compliance at the end of the
compliance period shall pay a non-compliance fee (P1000.00). A member who fails to
comply with the requirements after the sixty (60) day period for compliance has expired, shall
be listed as a delinquent member of the IBP upon the recommendation of the MCLE
Committee.

BM 1992, Jan. 14, 2014

Amended the June 3, 2008 resolution by repealing the phrase "Failure to disclose the
required information would cause the dismissal of the case and the expunction of the
pleadings from the records" and replacing it with "Failure to disclose the required information
would subject the counsel to appropriate penalty and disciplinary action
i) The lawyer shall be imposed a fine of P2,000.00 for the first offense, P3,000.00 for the
second offense and P4,000.00 for the third offense;
(ii) In addition to the fine, counsel may be listed as a delinquent member of the Bar
pursuant to Section 2, Rule 13 of Bar Matter No. 850 and its implementing rules and
regulations; and
(iii) The non-compliant lawyer shall be discharged from the case and the client/s shall
be allowed to secure the services of a new counsel with the concomitant right to demand
the return of fees already paid to the non-compliant lawyer.

Remedies Against Unauthorized Practice of Law:

1. Petition for injunction;
2. Declaratory relief;
3. Contempt of court;
4. Disqualification and complaints for disbarment;
5. Criminal complaint for estafa againsta person who falsely represented to be an
attorney to the damage of a party.

Suspension and Disbarment

Power to discipline errant lawyers:
Rule 138 Section 27 Disbarment or is suspension of attorneys by Supreme Court,
grounds therefore. A member of the bar may be disbarred or suspended from his office as
attorney by the Supreme Court.

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 Rule 138-B Section 16 of the Revised Rules of Court
Suspension of attorney by the Court of Appeals or Regional Trial Court. The Court of
Appeals or Regional Trial Court may suspend an attorney from practice.
Inferior Courts are not empowered even just to suspend an attorney, although, they
may cite or hold a lawyer in contempt of court for contemptuous acts.

The Supreme Court has the full authority to:

1. Warn;
2. Admonish;
3. Reprimand;
4. Suspend and;
5. Disbar a lawyer.
(Section 27, Rules 138, Rules of Court)

The Court of Appeals and the Regional Trial Court are also empowered to:
1. Warn;
2. Admonish;
3. Reprimand.
As among those of the causes mentioned in Section 27, Rule 138 (Section 16, 139-B),
but they cannot disbar a lawyer

Forms of Disciplinary Measures

1. Warning an act of fact of putting one on his guard against an impending danger,
evil consequences, or penalties.

2. Admonition a gentle or friendly reproof, mild rebuke, warning or reminder,

counseling on a fault, error or oversight, an expression of authoritative advice.

3. Reprimand a public and formal censure or severe reproof, administered to a

person in fault by his superior officer or a body to which he belongs.

4. Suspension temporary withholding a lawyers right to practice his profession as a

lawyer for a certain period or for an indefinite period of time.

5. Censure official reprimand.

6. Disbarment it is an act of the Philippine Supreme Court in withdrawing from an

attorney the right to practice law. The name of the lawyer is stricken out from the roll
of attorneys.

Grounds for Discipline:

1. Deceit
2. Malpractice; or other gross misconduct in office
3. Grossly immoral conduct
4. Conviction of a crime involving moral turpitude
5. Violation of oath of office
6. Willful disobedience of any lawful order of a superior court;
7. Corrupt or willful appearance as an attorney for a party to a case without
authority to do so.

Instances of malpractice and gross-misconduct

1. Failure of the lawyer to appeal by allowing the period of appeal to lapse;
2. Failure of a lawyer to submit his clients brief within the reglementary
period;
3. Preparation and notarization of immoral contracts and agreements;
4. Preparation by a notary public of a false affidavit;
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 5. Solicitation of cases either directly or indirectly through paid agents or brokers;
6. Abandonment of a clients case;
7. Delay in the filing of a clients case;
8. Notary public, who makes it appear in the jurat of a contract that an affiant
exhibited to him a residence certificate when in fact he did not do so; Notarizing
a document without the affiants presence.
9. Acknowledging a special power of attorney in the absence of one of the
parties;
10. Compromising a clients case without authority;
11. Notarizing documents after the lawyers commission as notary public had
expired
12. Representing conflicting interests;
13. Encroaching upon the business of another lawyer;
14. Advertisement of a lawyers skill in a newspaper or publication
15. Cooperating in illegal practice of law such as the formation of a partnership with
the layman;
16. Conversion of a clients money to his own benefit;
17. Gross negligence
18. Notarizing ones own affidavit;
19. Intimidating a client by a display of a revolver;
20. Failure to pay a fine imposed for failure to file a brief;
21. Refusal to pay IBP dues;
22. Practicing law despite the lawyers suspension even if he refrained from using the
word attorney;
23. Lack of fidelity, care and devotion to the cause of the client;
24. Attempting to mislead the Supreme Court by raising issues long laid to rest by
final and executory judgement;
25. Unwarranted obstinacy in evading payment or debt.

Rule 139-B Section 1

How Instituted: Proceedings for the disbarment, suspension, or discipline of attorneys

may be taken by the Supreme Court motu proprio, or by the IBP upon the verified
complaint of any person.

Board The IBP of Governors may, motu proprio or upon referral by the Supreme Court
or by the Chapter Board of Officers, or at the instance of any person, initiate and prosecute
proper charges against erring attorneys including those in the government service.

BAR MATTER N0.1645, October 13, 2015

Section 1. Proceedings for the disbarment, suspension, or discipline of attorneys may
be taken by the Supreme Court motu propio, or upon the filing of a verified complaint of
any person before the Supreme Court or the Integrated Bar of the Philippines (IBP).
The complaint shall state clearly and concisely the facts complained of and shall be
supported by affidavits of persons having personal knowledge of the facts therein alleged
and/or by such documents as may substantiate said facts.
The IBP shall forward to the Supreme Court for appropriate disposition all complaints
for disbarment, suspension and discipline filed against incumbent Justices of the Court of
Appeals, Sandiganbayan, Court of Tax Appeals and judges of lower courts, or against
lawyers in the government service, whether or not they are charged singly or jointly with
other respondents, and whether or not such complaint deals with acts unrelated to the
discharge of their official functions.

Application for Reinstatement

Article VIII, Section 5(5) 1987 Constitution

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 The power of the Supreme Court to reinstate the privilege to practice law to a
disbarred lawyer is anchored on its constitutional prerogative to promulgate rules on the
admission of applicants to the practice of law.

Executive pardon to a disbarred lawyer due to conviction for a crime, to be

reinstated, there is still a need for the filing of an appropriate petition to be reinstated, with
the Supreme Court.

Characteristics of Disbarment Proceedings

1. Neither civil nor criminal proceeding

2. Defense of double jeopardy is not available
3. Can be initiated motu proprio by the SC or the IBP. It can be initiated
without a complaint
4. Can proceed regardless of interest of the complainants
5. Imprescriptible
6. Conducted confidentially until its final determination
7. It is itself due process of law.

Officers authorized to Investigate Disbarment Cases:

1. Supreme Court
2. Integrated Bar of the Philippines through its Commission on Bar Discipline
or authorized investigators
3. Office of the Solicitor General

Effect of Death of lawyer during pendency of Disciplinary Action

1. Renders action moot and academic

2. Court may still receive case on merit in order to clear publicity the name of
the lawyer

Notary Public not every member of the bar is a notary public because a lawyer requires a
commission of appointment to be designated a notary public.

Qualifications:
Must be citizen of the Philippines
Must be over twenty-one (21) years of age
Must be a resident in the Philippines for at least one (1) year and maintains a regular
place of work or business in the city or province where the commission is to be issued
Must be a member of the Philippine Bar in good standing with clearances from the
Office of the Bar Confidant of the Supreme Court and the Integrated Bar of the Philippines
Must not have been convicted in the first instance of any crime involving moral
turpitude.

Term of Office of Notary Public

For a period of two (2) years commencing on the 1st day of January of the year in
which the commissioning is made unless earlier revoked or the notary public has resigned
according to these Rules and the Rules of Court.

Prohibitions
General Rule: A notary public shall not perform a notarial act outside his regular place
of work or business. The jurisdiction of a notary public in the City of Manila shall be co-

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extensive with the said city. No notary shall, possess authority to do any notarial act beyond
the limits of his jurisdiction.

Exceptions
A notarial act may be performed at the request of the parties in the following sites
located within his territorial jurisdiction:
Public offices, convention halls and similar places where oaths of office may be
administered;
Public function areas in hotels and similar places for the signing of instruments or
documents requiring notarization;
Hospitals and medical institutions where a party to the instrument or document is
confined for treatment; and
Any place where a party to the instrument or document requiring notarization is under
detention.

Powers and Duties of a Notary Public:

1. To administer all oaths and affirmations provided for by law in all matters incident to his
notarial office, and in the execution of affidavits, depositions, and other documents
requiring an oath;

2. To receive proof or acknowledgment of all writings relating to commerce or

navigation such as bills of exchange, bottomries mortgages and hypothecations of
ships vessels or boats, charter parties or affreightments, letters of attorney, deeds,
mortgages transfers and assignments of land or buildings or an interest therein, and
such other writings as are commonly proved or acknowledged before notaries;

3. To act as a magistrate in the writing of affidavits or depositons; and,

4. To make declarations and certify to the truth thereof under his seal of office,
concerning all matters done by him by virtue of his office (Sec.241, Notarial Law).
Prohibited Notarial Acts
1. The person involved as signatory to the instrument or document:
a. Is not in the notarys presence at the time of the notarization; and
b. Is not personally known to the notary public or otherwise identified by the notary
public through competent evidence of identity as defined by these Rules
2. the certificate containing an information known or believed to be false; and
3. he shall not affix an official signature or seal on a notarial certificate that is incomplete.

Disqualifications, Sec. 3. Notarial Practice Rule

A notary public is disqualified from performing a notarial act if he:
(a) is a party to the instrument or document that is to be notarized;
(b) will receive, as a direct or indirect result, any commission, fee, advantage, right,
title, interest, cash, property, or other consideration, except as provided by these Rules and
by law; or
(c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity or
consanguinity of the principal within the fourth civil degree.

JUDICIAL ETHICS

Judicial Ethics the branch of moral science which treats of the right and proper conduct to
be observed by all judges and magistrates in trying and deciding controversies brought to
them for adjudication which conduct must be demonstrative of impartiality, integrity,
competence, independence, and freedom from improprieties. The freedom from
improprieties must be observed even in the judges private life.

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Source of Judicial Ethics
New Code of Judicial Conduct for the Philippine Judiciary. Promulgated April 27, 2004;
effective June 1, 2004. Based on the Bangalore Draft adopted by the Judicial Group on
Strengthening Judicial Integrity, intended to be the Universal Declaration of Judicial
Standards, as revised by the Round Table Conference of Chief Justices held at The Hague
on November 25-26, 2002.
Court a board or other tribunal which decides a litigation or contest
Judge a public officer who, by virtue of his office, is clothed with judicial authority. A public
officer lawfully appointed to decide litigated questions in accordance with law.

Who should be appointed Judges:

Art VIII Section 7 (1) 1987 Constitution

No person shall be appointed Member of the Supreme Court or any lower collegiate
court unless he is a natural-born citizen of the Philippines. A member of the Supreme Court
must be at least forty years of age, and must have been for fifteen years or more a judge of
a lower court or engaged in the practice of law in the Philippines.

Article VIII Section 2 of the 1987 Constitution

The Congress shall prescribe the qualifications of judges of lower courts, but no person
may be appointed judge thereof unless he is a citizen of the Philippines and a member of the
of the Philippine Bar

Article VIII Section 7(3) of the 1987 Constitution

A member of the Judiciary must be a person of proven competence, integrity,
probity, and independence.

RTC Judges
Shall be a natural-born citizen of the Philippines, at least 35 years of age, and for at
least ten years, has been engaged in the practice of law in the Philippines, or has held a
public office in the Philippines requiring admission to the practice of law as an indispensable
requisite.

MTC Judges
Shall be a natural-born citizen of the Philippines, at least 30 years of age, and for at
least five years, has been engaged in the practice of law in the Philippines, or has held a
public office in the Philippines requiring admission to the practice of law as an indispensable
requisite.

A Judge Is The Visible Representation Of The Law - A judge is the visible

representation of the law and more importantly of justice. As such, he should avoid even
the slightest infraction of the law.
A Judge Should Be An Embodiment of Competence, Integrity and Independence -
by conniving to stifle and sabotage the prosecution of the accused for the serious crime of
rape, he has placed his integrity, independence and impartiality under a cloud.

A Judge Should Remain Devoted To The Study Of The Law. Even in the remaining
years of his stay in the judiciary he should keep abreast with the changes in the law and
with the latest decisions and precedents. Although a judge is nearing retirement he should
not relax in his study of the law and court decisions. Service in the judiciary means a
continuous study and research on the law from the beginning to end.

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Atty. Cecilio D. Duka, Ed,D.
Qualities of Judges
CANON 1 INDEPENDENCE
Judicial independence is a pre-requisite to the Rule of Law and a fundamental
guarantee of a fair trial.
A judge shall, therefore, uphold and exemplify judicial independence in both its
individual and institutional aspects.

CANON 2 - INTEGRITY
Integrity is essential not only to the proper discharge of the judicial office, but also to
the personal demeanor of judges.
Integrity - the quality of being honest and having strong moral principles; moral
uprightness.

CANON 3 IMPARTIALITY
Impartiality is essential to the proper discharge of the judicial office.
It applies not only to the decision itself but also to the process by which the decision is
made.
Section 5, Canon 3
Judges shall disqualify themselves from participating in any proceedings in which they are
unable to decide the matter impartially or in which it may appear to a reasonable observer
that they are unable to decide the matter impartially. Such proceedings include, but are
not limited to instances where:
a. The judge has actual bias or prejudice concerning a party or personal knowledge
of disputed evidentiary facts concerning the proceedings;
(b) The judge previously served as a lawyer or was a material witness in the matter in
controversy;
(c) The judge or a member of his or her family, has an economic interest in the
outcome of the matter in controversy;
d) 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;
(e) The judge's ruling in a lower court is the subject of review;
(f) The judge is related by consanguinity or affinity to a party litigant within the sixth civil
degree or to counsel within the fourth civil degree;
(g) The judge knows that his or her 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 proceedings.

CANON 4 PROPRIETY
Propriety and the appearance of propriety are essential to the performance of all the
activities of a judge.
CANON 5 EQUALITY
Ensuring equality of treatment to all before the courts is essential to the due
performance of the judicial office. It expands the measures to promote equality required by

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Atty. Cecilio D. Duka, Ed,D.
international human rights agreements. Those agreements advocate a universal application
of law and non-discrimination between the sexes. UDHR,CEDAW,etc.

CANON 6 - COMPETENCE AND DILIGENCE

Competence and diligence are pre-requisites to the due performance of judicial
office.

GUIDELINES IN EFFICIENT RENDITION OF JUDGMENT OR JUDICIAL OPINION:

1. The judge should observe the usual and traditional method of dispensing justice,
which requires that he should hear both sides with patience and understanding
before he should render a decision.
2. The judge should decide a case impartially on the basis of the evidence
presented and shall apply the applicable law with his conscience and
knowledge of the law as his guides.
3. The judge should state clearly and distinctly the facts and the law on which he
based his judgment.
4. The judge in disposing of controverted cases should indicate his reasons for his
opinions or conclusions to show that he did not disregard or overlook the serious
arguments of the parties counsel.
5. The judge should make his decisions or opinions brief but complete in all the
essentials.
6. If the personal views of the judge contradict the applicable doctrine
promulgated by the Supreme Court, nonetheless, he should decide the case in
accordance with that doctrine.
7. The judge should decide cases promptly, that is, within the period required by
law.
8. The signed judgment must be unconditionally filed with the Clerk of court to have
it considered within the 90-day deadline for rendering judgments.
9. Extreme care should be made in the making of the dispositive portion of the
decision for that is the part of the decision which is to be implemented.
10. In granting a motion for reconsideration the judge should be more cautious and
careful.
11. Judges should draw up their decisions and resolutions with due care and make
certain that they truly and accurately reflect their conclusions and their final
dispositions.
12. The practice of penning a decision days before the scheduled promulgation
thereof and leaving the dispositive portion for typing at a time close to the date
of promulgation should be discouraged.
13. It must be borne in mind that decisions are written essentially for litigants who are
usually unfamiliar with technical terms.

The deciding judge need not be the one who heard the evidence.
The fact that the judge who heard the evidence is not himself the one who
prepared, signed and promulgated the decision constitutes no compelling reason to
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Atty. Cecilio D. Duka, Ed,D.
 jettison his findings and conclusions, and does not per se render his decision void. It is
axiomatic that judge who did not hear a case may write the decision based on the
record of the case.

Diligent discharge of administrative responsibilities.

The judge is responsible for the administrative management thereof. He
supervises the court personnel to ensure prompt and efficient dispatch of business in
his court. It is undesirable trait for a judge to be lenient in the administrative supervision
of his employees. For his failure to perform duties, the judge cannot use as excuse the
negligence or malfeasance of his own employees.
Judge must set the right example.
The judge must require his personnel to observe at all times the observance of
high standards of public service and fidelity which he could well do, by example.

When petition for disqualification should be filed

A petition to disqualify a judge must be filed before rendition of judgment by the
judge. Mere filing of administrative case against a judge, not a ground for disqualification.
Legal reason for disqualification or inhibition must be stated in the order. Judge to whom
case was transferred cannot review the order of self-disqualification.
Judges Need not live in seclusion. It is not necessary for the proper performance of judicial
duties that, judges should live in retirement or seclusion. Judges also need recreations
Prohibition in accepting positions in political organizations and organizations for profit.
Judges cannot serve as officers or advisers of political organizations established for profit.
Judges must refrain from partisan political activities and organizations through the use of his
office or influence
Limitations in participating in civic and charitable activities While judges may participate
in civic and charitable activities, they are not allowed to solicit donations for such activities.

Solicitations of donations for office equipment is considered misconduct.

Judges may hold and manage investments; restrictions.
If the business dealings of the judge are permissible under the context of the
provision of Rule 5.02 he is allowed under Rule 5.03 to hold and manage investments
subject to the restrictions that he cannot serve as an:
a. Officer;
b. Director;
c. Manager;
d. Advisor;
e. or employee of any business.

Address: Unit 2, 4th Floor, Espaa Place Building, 1139 Adelina Street corner Espaa Boulevard 13
Sampaloc, Manila (Beside UST near Morayta Street)
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[email protected] / [email protected]
Tel. No. (02) 241-4830 / Cel. Nos. (0949) 343-6092; (0922) 898-8626
Atty. Cecilio D. Duka, Ed,D.