Code of Judicial Conduct

Preamble
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.

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 must be temperate in his language and

must not lose his cool.

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.

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

honestly, and with impartiality and diligence.

decisions.
Should not be swayed by public clamor or

considerations of personal popularity

Must decide motions without delay.
Should also appear impartial.

ADJUDICATIVE RESPONSIBILITIES
Rule 3.01 A judge shall be faithful to the law and

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.
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.

CANON 3 A judge should perform official duties

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,

Rule 3.11 A judge should appoint commissioners,

receivers, trustees, guardians, administrators and

to litigants, witnesses, and others appearing before

the court. A judge should avoid unconsciously falling

others strictly on the basis of merit and

qualifications, avoiding nepotism, and favoritism.

into the attitude of mind that the litigants are made

for the courts, instead of the courts for the litigants.

Unless otherwise allowed by law, the same criteria

should be observed in recommending appointment of

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 courts

business promptly and decide cases within the
required periods.

court personnel. Where the payment of

compensation is allowed, it should be reasonable
and commensurate with the fair value of services
rendered.

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

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

office any person lacking the legal qualification

therefor, shall be guilty of unlawful appointment
punishable with imprisonment and fine (Art 244,
RPC).

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

DISQUALIFICATIONS
Rule 3.12 A judge should take no part in proceeding
where the judges impartiality might reasonably be
questioned. These cases include, among others,
proceedings where;
1.

2.

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.

Ascertain that the records of all cases are

properly kept and managed.
Maintain a checklist on the cases submitted for

3.

a.
the judge has personal knowledge of
disputed evidentiary facts concerning the
proceeding;
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;
c.
the judges ruling in a lower court is
subject of review

4.

5.

d.
the judge is related by consanguinity or
affinity to a party litigant within the 6thdegree or
to counsel within the 4th degree;
e.
the judge knows that the judges 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.

3.

c.
serve on any organization devoted to the
improvement of the law, the legal system or the
administration of justice.
Decision to engage in these activities depends

upon the sound judgement of the judge.

If has not enough time to spare (such as when

caseload is too heavy) prudence dictates, he must

concentrate on his judicial duties.
If a judge has time to spare, the best attitude to
take is to participate in activities which are closely
related to the performance of his duties and which
do not consume much of his time and energy.

In every instance the judge shall indicate the legal

reason for inhibition.

Petition to disqualify judge must be filed before

rendition of judgment by the judge; cant be

raised first time on appeal.
If a judge denies petition for disqualification, the
ultimate test: is whether or not the complaint was
deprived of a fair and impartial trial. Remedy:
seek new trial.

REMITTAL OF DISQUALIFICATION
Rule 3.13 A judge disqualified by the terms of Rule
3.12 may, instead of withdrawing from the

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.

proceeding, disclose on the record the basis of

disqualification. If, based on such disclosure, the

2.

parties and lawyers independently of the judges

participation, all agree in writing that the reason for

3.

the inhibition is immaterial or insubstantial, the

judge may then participate in the proceeding. The

4.

agreement, signed by all parties and lawyers, shall

be incorporated in the record of the proceeding.
CANON 4 A judge may, with due regard to official
duties, engage in activities to improve the law, the
legal system and the administration of justice.
Rule 4.01 A judge may, to the extent that the
following activities do not impair the performance of
judicial duties or case doubt on the judges
impartiality:
1.

2.

a.
speak, write, lecture, teach or
participate in activities concerning the law, the
legal system and the administration of justice;
b.
appear at a public hearing before a
legislative or executive body on matters
concerning the law, the legal system or the
administration of justice and otherwise consult
with them on matters concerning the
administration of justice;

a.
write, lecture, teach and speak on nonlegal 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 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 courts 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

FIDUCIARY ACTIVITIES
Rule 5.06 A judge should not serve as the

the judge.
Rule 5.04 A judge or any, immediate member of the

execution administrator, trustee, guardian, or other

fiduciary, except for the estate, trust, or person of a

family, shall not accept a gift, bequest, favor or loan

from anyone except as may be allowed by law.

member of the immediate family and then only if

such service will not interfere with the proper

Rule 5.05 No information acquired in a judicial

capacity shall be used or disclosed by a judge in any

performance of judicial duties. member of

immediate family shall be limited to the spouse

financial dealing or for any other purpose not

related to judicial activities.

and relatives within the second degree of

consanguinity. As a family fiduciary, a judge shall

Prohibitions under the Revised Penal Code:

not:

Art 215. Prohibited Transaction. The penalty of prision

1.

correccional in its minimum period or a fine ranging

from P200 to P1000 or both, shall be imposed upon any

2.

a.
serve in proceedings that might come
before the court of said judge; or
b.
act as such contrary to Rule 5.02 to 5.05

appointive public officer who, during his incumbency,

shall directly or indirectly become interested in any

PRACTICE OF LAW AND OTHER PROFESSION

Rule 5.07 A judge shall not engage in the private

transaction of exchange or speculation within the

territory subject to his jurisdiction.

practice of law. Unless prohibited by the

Constitution or law, a judge may engage in the

Art 216. Possession of prohibited interest by a public

officer. The penalty of arresto mayor in its medium

practice of any other profession provided that such

practice will not conflict or tend to conflict with

period to prision correccional in its minimum period,

or a fine ranging from P200 to P1000, or both, shall be

judicial functions.

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.

anticipation of litigation, and giving of legal advice

to clients or persons needing the same.
Not engage in notarial work. Exception:

Notaries public ex-oficio may engage only in

notarization of documents connected with the
exercise of their official functions. Provided, all
notarial fees on account of the government and
certification attesting to lack of any lawyer or
Notary Public.
Sworn statement of assets and liabilities

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.

Includes preparation of pleadings or papers in

including statement of amounts and services of

income, the amount of personal and family
expenses and the amount of income tax is paid for
the next preceding calendar year.

FINANCIAL DISCLOSURE
Rule 5.08 A judge shall make full financial
disclosure as required by law.
EXTRA-JUDICIAL APPOINTMENTS
Rule 5.09 A judge shall not accept appointment or
designation to any agency performing quasi-judicial
or administrative functions.
POLITICAL ACTIVITIES
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.
COMPLIANCE WITH THE CODE OF JUDICIAL CONDUCT
All judges shall strictly comply with this code

The elements are:

1.
2.
3.
4.
1.

DATE OF EFFECTIVITY
This code, promulgated on 5 September 1989, shall
take effect on 20 October 1989.

An administrative case against a judge is not

necessarily dismissed by the withdrawal by or

desistance of the complainant.
Retirement, resignation or promotion of a judge

does not necessarily render moot and academic all

the cases against him.
Civil Liabilities Re Official Functions:

1.
2.
3.

obstructs, defeats, violates or in any manner

impedes or impairs the civil rights.
Willful or negligent rendition of a decision which
causes damages to another
For damages: rendering/neglecting to decide a
case causing loss to a party.
Civil Code Disabilities:

The elements are:

1.
2.
3.
4.

nor will it apply when the litigation is 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

1.

Malfeasance under the RPC:

Knowingly Rendering Unjust Judgment (Art. 204,
RPC)

that the offender is a judge;

that he renders judgment in a case submitted to
him for decision
that the judgment is manifestly unjust;
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.

Rule: Cant purchase properties subject of litigation is

his court.
Exception: Does not apply where the subject property
was not acquired from any of the parties to the case,

that the officer is a judge;

that he renders judgment in a case submitted to
him for decision;
that the judgment is unjust;
the judge knows that his judgment is unjust.
Judgment Rendered Through Negligence (Art.
205, RPC)

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
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.

1.
2.

3. To act as magistrate in the writing of affidavits or

depositions

1.

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.

1.
2.

The law imposes on the notary public two kinds

of duties:
execution of formalities required by law; and
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 Manila region.

Q: Must a Notary Public always be a LAWYER?

A: General Rule: Only those admitted to the practice

of law are qualified to be notaries public.
Exception: When there are no persons with the
necessary qualifications OR where there are qualified
persons but refuse appointment. In which case, the
following persons may be appointed as notaries:

those who have passed the studies of law in a

reputable university
a clerk or deputy clerk of court for a period of
not less than two years
Effects of NOTARIZATION
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 in
court without further proof of its
authenticity. (Joson vs. Baltazar)
7.
3.
Documents enjoy a presumption of
regularity. It constitutes prima facie
evidence of the facts which give rise to
their execution and of the date of said
execution, but not of the truthfulness of
the statements. The reason for the former
presumption is that the law assumes that
the act which the officer witnesses and
certified to or the date written by him are
not shown to be false since notaries are
public officers.