A.M. No. 03-05-01-SC Adopting the New Code SEC. 6. Judges shall be independent in relation SEC. 2.
tion SEC. 2. Judges shall ensure that his or her
of Judicial Conduct for the Philippine to society in general and in relation to the conduct, both in and out of court, maintains and Judiciary Supreme Court of the Philippines particular parties to a dispute which he or she has enhances the confidence of the public, the legal 2004 to adjudicate. profession and litigants in the impartiality of the judge and of the judiciary. CANON 1 INDEPENDENCE SEC. 7. Judges shall encourage and uphold Judicial independence is a pre-requisite to the safeguards for the discharge of judicial duties in SEC. 3. Judges shall, so far as is reasonable, so rule of law and a fundamental guarantee of a fair order to maintain and enhance the institutional conduct themselves as to minimize the occasions trial. A judge shall therefore uphold and exemplify and operational independence of the judiciary. on which it will be necessary for them to be judicial independence in both its individual and disqualified from hearing or deciding cases. institutional aspects. SEC. 8. Judges shall exhibit and promote high standards of judicial conduct in order to reinforce SEC. 4. Judges shall not knowingly, while a SECTION 1. Judges shall exercise the judicial public confidence in the judiciary, which is proceeding is before or could come before them, function independently on the basis of their fundamental to the maintenance of judicial make any comment that might reasonably be assessment of the facts and in accordance with a independence. expected to affect the outcome of such conscientious understanding of the law, free of proceeding or impair the manifest fairness of the any extraneous influence, inducement, pressure, process. Nor shall judges make any comment in threat or interference, direct or indirect, from any CANON 2 INTEGRITY public or otherwise that might affect the fair trial quarter or for any reason. Integrity is essential not only to the proper of any person or issue. discharge of the judicial office but also to the SEC. 2. In performing judicial duties, judges shall personal demeanor of judges. SEC. 5. Judges shall disqualify themselves from be independent from judicial colleagues in participating in any proceedings in which they are respect of decisions which the judge is obliged to SECTION 1. Judges shall ensure that not only is unable to decide the matter impartially or in which make independently. their conduct above reproach, but that it is it may appear to a reasonable observer that they perceived to be so in the view of a reasonable are unable to decide the matter impartially. Such SEC. 3. Judges shall refrain from influencing in observer. proceedings include, but are not limited to, any manner the outcome of litigation or dispute instances where pending before another court or administrative SEC. 2. The behavior and conduct of judges must agency. reaffirm the people’s faith in the integrity of the (a) The judge has actual bias or prejudice judiciary. Justice must not merely be done but concerning a party or personal knowledge of SEC. 4. Judges shall not allow family, social, or must also be seen to be done. disputed evidentiary facts concerning the other relationships to influence judicial conduct or proceedings; judgment. The prestige of judicial office shall not SEC. 3. Judges should take or initiate appropriate be used or lent to advance the private interests of disciplinary measures against lawyers or court (b) The judge previously served as a lawyer or others, nor convey or permit others to convey the personnel for unprofessional conduct of which the was a material witness in the matter in impression that they are in a special position to judge may have become aware. controversy; influence the judge. (c) The judge, or a member of his or her family, SEC. 5. Judges shall not only be free from CANON 3 IMPARTIALITY has an economic interest in the outcome of the inappropriate connections with, and influence by, Impartiality is essential to the proper discharge of matter in controversy; the executive and legislative branches of the judicial office. It applies not only to the government, but must also appear to be free decision itself but also to the process by which the (d) The judge served as executor, administrator, therefrom to a reasonable observer. decision is made. guardian, trustee or lawyer in the case or matter in controversy, or a former associate of the judge SECTION 1. Judges shall perform their judicial served as counsel during their association, or the duties without favor, bias or prejudice. judge or lawyer was a material witness therein; (e) The judge’s ruling in a lower court is the SEC. 3. Judges shall, in their personal relations (a) Write, lecture, teach and participate in subject of review; with individual members of the legal profession activities concerning the law, the legal system, who practice regularly in their court, avoid the administration of justice or related matters; (f) The judge is related by consanguinity or affinity situations which might reasonably give rise to the to a party litigant within the sixth civil degree or to suspicion or appearance of favoritism or partiality. (b) Appear at a public hearing before an official counsel within the fourth civil degree; or body concerned with matters relating to the law, SEC. 4. Judges shall not participate in the the legal system, the administration of justice or (g) The judge knows that his or her spouse or determination of a case in which any member of related matters; child has a financial interest, as heir, legatee, their family represents a litigant or is associated creditor, fiduciary, or otherwise, in the subject in any manner with the case. 9c) Engage in other activities if such activities do matter in controversy or in a party to the not detract from the dignity of the judicial office or proceeding, or any other interest that could be SEC. 5. Judges shall not allow the use of their otherwise interfere with the performance of substantially affected by the outcome of the residence by a member of the legal profession to judicial duties. proceedings; receive clients of the latter or of other members of the legal profession. SEC. 11. Judges shall not practice law whilst the SEC. 6. A judge disqualified as stated above may, holder of judicial office. instead of withdrawing from the proceeding, SEC. 6. Judges, like any other citizen, are entitled disclose on the records the basis of to freedom of expression, belief, association and SEC. 12. Judges may form or join associations of disqualification. If, based on such disclosure, the assembly, but in exercising such rights, they shall judges or participate in other organizations parties and lawyers, independently of the judge’s always conduct themselves in such a manner as representing the interests of judges. participation, all agree in writing that the reason to preserve the dignity of the judicial office and the SEC. 13. Judges and members of their families for the inhibition is immaterial or unsubstantial, impartiality and independence of the judiciary. shall neither ask for, nor accept, any gift, bequest, the judge may then participate in the proceeding. loan or favor in relation to anything done or to be The agreement, signed by all parties and lawyers, SEC. 7. Judges shall inform themselves about their personal fiduciary and financial interests and done or omitted to be done by him or her in shall be incorporated in the record of the connection with the performance of judicial proceedings. shall make reasonable efforts to be informed about the financial interests of members of their duties. family. SEC. 14. Judges shall not knowingly permit court CANON 4 PROPRIETY staff or others subject to their influence, direction Propriety and the appearance of propriety are SEC. 8. Judges shall not use or lend the prestige of the judicial office to advance their private or authority, to ask for, or accept, any gift, essential to the performance of all the activities of bequest, loan or favor in relation to anything done a judge. interests, or those of a member of their family or of anyone else, nor shall they convey or permit or to be done or omitted to be done in connection SECTION 1. Judges shall avoid impropriety and others to convey the impression that anyone is in with their duties or functions. the appearance of impropriety in all of their a special position improperly to influence them in SEC. 15. Subject to law and to any legal activities. the performance of judicial duties. requirements of public disclosure, judges may SEC. 2. As a subject of constant public scrutiny, SEC. 9. Confidential information acquired by receive a token gift, award or benefit as judges must accept personal restrictions that judges in their judicial capacity shall not be used appropriate to the occasion on which it is made, might be viewed as burdensome by the ordinary or disclosed for any other purpose related to their provided that such gift, award or benefit might not citizen and should do so freely and willingly. In judicial duties. reasonably be perceived as intended to influence particular, judges shall conduct themselves in a the judge in the performance of judicial duties or way that is consistent with the dignity of the SEC. 10. Subject to the proper performance of otherwise give rise to an appearance of partiality. judicial office. judicial duties, judges may CANON 5 EQUALITY CANON 6 COMPETENCE AND DILIGENCE DEFINITIONS Ensuring equality of treatment to all before the Competence and diligence are prerequisites to In this Code, unless the context otherwise permits courts is essential to the due performance of the the due performance of judicial office. or requires, the following meanings shall be judicial office. attributed to the words used: SECTION 1. The judicial duties of a judge take SECTION 1. Judges shall be aware of, and precedence over all other activities. “Court staff” includes the personal staff of the understand, diversity in society and differences judge including law clerks. arising from various sources, including but not SEC. 2. Judges shall devote their professional limited to race, color, sex, religion, national origin, activity to judicial duties, which include not only “Judge” means any person exercising judicial caste, disability, age, marital status, sexual the performance of judicial functions and power, however designated. orientation, social and economic status and other responsibilities in court and the making of decisions, but also other tasks relevant to the “Judge’s family” includes a judge’s spouse, son, like causes. daughter, son-in-law, daughter-in-law, and any judicial office or the court’s operations. SEC. 2. Judges shall not, in the performance of other relative by consanguinity or affinity within judicial duties, by words or conduct, manifest bias SEC. 3. Judges shall take reasonable steps to the sixth civil degree, or person who is a or prejudice towards any person or group on maintain and enhance their knowledge, skills and companion or employee of the judge and who irrelevant grounds. personal qualities necessary for the proper lives in the judge’s household. performance of judicial duties, taking advantage SEC. 3. Judges shall carry out judicial duties with for this purpose of the training and other facilities This Code, which shall hereafter be referred to as appropriate consideration for all persons, such as which should be made available, under judicial the New Code of Judicial Conduct for the the parties, witnesses, lawyers, court staff and control, to judges. Philippine Judiciary, supersedes the Canons of judicial colleagues, without differentiation on any Judicial Ethics and the Code of Judicial Conduct irrelevant ground, immaterial to the proper SEC. 4. Judges shall keep themselves informed heretofore applied in the Philippines to the extent performance of such duties. about relevant developments of international law, that the provisions or concepts therein are including international conventions and other embodied in this Code: Provided, however, that SEC. 4. Judges shall not knowingly permit court instruments establishing human rights norms. in case of deficiency or absence of specific staff or others subject to his or her influence, provisions in this New Code, the Canons of direction or control to differentiate between SEC. 5. Judges shall perform all judicial duties, Judicial Ethics and the Code of Judicial Conduct persons concerned, in a matter before the judge, including the delivery of reserved decisions, shall be applicable in a suppletory character. on any irrelevant ground. efficiently, fairly and with reasonable promptness. This New Code of Judicial Conduct for the SEC. 5. Judges shall require lawyers in SEC. 6. Judges shall maintain order and decorum Philippine Judiciary shall take effect on the first proceedings before the court to refrain from in all proceedings before the court and be patient, day of June 2004, following its publication not manifesting, by words or conduct, bias or dignified and courteous in relation to litigants, later than 15 May 2004 in two newspapers of prejudice based on irrelevant grounds, except witnesses, lawyers and others with whom the large circulation in the Philippines to ensure its such as are legally relevant to an issue in judge deals in an official capacity. Judges shall widest publicity. proceedings and may be the subject of legitimate require similar conduct of legal representatives, advocacy. court staff and others subject to their influence, direction or control.
SEC. 7. Judges shall not engage in conduct
incompatible with the diligent discharge of judicial duties.