3. Suspension, Disbarment and Discipline of Lawyers a.

Nature Lawyers and Characteristics of Disciplinary Actions Against

(1) Sui Generis A proceeding for suspension or disbarment being neither civil or criminal in nature but one presented sui generis, there is no complainant nor prosecutor to speak of. If there is a complainant, it is the Court itself, not the members thereof. (2) Prescription b. Grounds Section 27 of Rule 138 of Rules of Court enumerates the grounds for disbarment or suspension, as follows: SEC. 27.Disbarment or suspension of attorneys by Supreme Court; grounds therefor.A member may be disbarred or suspended from his office as attorney by the Supreme Court for any deceit, malpractice, or other gross misconduct in such office, grossly immoral conduct, or by reason of his conviction of a crime involving moral turpitude, or for any violation of the oath which he is required to take before admission to practice, or for a willful disobedience of any lawful order of a superior court, or for corruptly or willfully appearing as an attorney for a party to a case without authority so to do. The practice of soliciting cases at law for the purpose of gain, either personally or through paid agents or brokers, constitutes malpractice. *These enumerated grounds are not exclusive. For settled is the rule that the statutory enumeration of the grounds for disciplinary actions constitutes no limitation on the genera power of the Supreme Court to suspend or disbar lawyers. Gross violation of any provisions of the Code of Professional Responsibility and lawyers oath is also a ground for disciplinary action against lawyer. *Generally, any misconduct on the part of a lawyer in his professional or private capacity which shows him to be wanting in moral character may justify his suspension or removal. The continuous possession of good moral character is a condition for the privilege to practice law and if that condition is broken by any act of misconduct on the part of the lawyer, the withdrawal of the privilege is justified. b.1. Breach of Duties to Court

i. ii. iii. iv. v. vi. vii. viii. ix.

Obstructing justice and abuse of legal process Misleading the court Forum shopping Preferring false charges Introducing false evidence Blackmail; Violation of Canon 19 Willfully disobeying court orders and disrespect to court Using vicious or disrespectful language Continuing to practice after suspension

b.2. Breach of Duties to Client i. ii. iii. iv. v. vi. vii. viii. ix. x. Negligence in the performance of duties Ignorance of law Employment of unlawful means Deceit or misrepresentation Representing adverse interest and revealing clients secrets Purchasing clients property in litigation Failing to account or misappropriating clients property Collecting unreasonable fees Acting without authority Willfully appearing without being retained

b.3. Breach of Duties to the Bar i. ii. iii. iv. v. vi. vii. viii. Unethical conduct Defaming fellow lawyers Communicating with adverse party Encroaching upon business of another Soliciting business Advertising Cooperating in illegal practice of law Nonpayment of IBP dues

b.4. Other Grounds for Discipline i. ii. iii. iv. v. vi. vii. Non-professional misconduct Gross immorality Conviction of crime involving moral turpitude Promoting to violate or violating penal laws Misconduct in the discharge of duties as a public officer] Commission of fraud or falsehood Misconduct of notary public

c. Proceedings * A disciplinary action is in reality an investigation by the court into the misconduct of its officer or an examination into his character. The examination, like the one before admission, is merely a test of fitness. It is nonetheless a judicial proceeding. * A disciplinary proceeding against an attorney is confidential in nature until its final determination. It has three-fold purpose: a. To enable the court to make its investigation free from any extraneous influence or interference. b. To protect the personal and professional reputation of attorneys from baseless charges of disgruntled, vindictive ad irresponsible persons or clients by prohibiting the publication of such charges pending their resolution. c. To deter the press from publishing the charges or proceedings based thereon for even a verbatim reproduction of the complaint against an attorney in a newspaper may be actionable. Who and how instituted - Proceedings may be taken by the Supreme Court motu proprio, or by the Integrated Bar of the Philippines (IBP) or upon verified complaint of any person. The IBP or upon verified complaint of any person. The IBP Board of Governors may, motu proprio or upon referral by the Supreme Court or by Chapter Board of Officers, or at the instance of any person, initiate and prosecute charges against erring attorneys including those in the government service. - Charges against justices of CA and Sandiganbayan and judges of CTA and lower courts, even if lawyers jointly charged with them, shall be filed with the Supreme Court. And such charges, if filed with the IBP, shall immediately be forwarded to the Supreme Court for disposition and adjudication. - The IBP has no power or jurisdiction over such justices and judges. Action on, and investigation of, complaint A complaint for disciplinary action must allege specific facts which constitutes particular breaches or violation of law or Code of Professional Responsibility or legal ethics. Due process so requires The IBP national grievance investigator or, if so required by the IBP Board of Governors, a panel of three investigators, to whom

the complaint is assigned, will ascertain whether said complaint is meritorious. If meritorious, the investigator shall direct that copy thereof be served upon the respondent, requiring him to answer the same within 15 days from date of service. If not, it will be dismissed by the Board upon recommendation. A copy of the resolution of dismissal shall be furnished the complainant and the SC which may review the case motu proprio or upon timely appeal of the complainant filed within 15 days from notice of dismissal. The Answer shall be verified. The original and 5 legible copies shall be filed with the investigator. With proof of service. Upon joinder of issues or failure of the respondent to answer, the investigator shall proceed with the investigation of the case. An ex parte investigation of administrative complaint may only be conducted when the respondent fails to appear despite reasonable notice. There will be no ex parte investigation. The investigator shall terminate the investigation within three months from the date of its commencement, unless extended for good cause by the Board of governors upon prior application. No investigation shall be interrupted or terminated by reason of the desistance, settlement, compromise, restitution, withdrawal of the charges, or failure of the complainant to prosecute the same.

Report of investigator and decision by Board of Governors Within 30 days from the termination of the investigation, the investigator shall submit a report containing his finding and recommendations to the IBP Board of Investigators. The Board shall review every case heard by an investigator and shall promulgate its decision within a period not exceeding 30 days from the next meeting of the Board following the submission of the investigation report. If the decision is suspension or disbarment, it shall be transmitted to the Supreme Court. If exoneration or dismissal of complaint, or imposition of disciplinary sanction of less than suspension or disbarment, such

as admonition or reprimand, the Boards decision shall become final unless upon petition of the complainant or other interested party filed with the Supreme Court within 15 days from notice of the Boards resolution , the SC otherwise. Before elevating to the SC, a motion for reconsideration may be filed within 15-day period. The Supreme Court may decide either by Division or En banc, in accordance with the following rules: 1. Suspension for one year or less- Division Exceeds one year- En banc 2. Fine of P10,000 or less- Division Fine of more than P10,000- En banc 3. If both suspension which exceeds one year and exceeds P10,000- En banc 4. In case of two or more suspensions of the lawyer, service of the same will be successive, not simultaneous.

The SC may refer the case for investigation, report and recommendation to the Solicitor General or to any officer of the Supreme Proceedings in the Supreme Court and by other courts Courtor judge of lower court. During pendency, the SC may recommend the suspension of the respondent from the practice of law until such suspension is lifted by the Supreme Court. The Court of Appeals or Regional Trial Court may suspend an attorney, after due notice and opportunity to be heard. Failure of the respondent to submit his explanation constitutes his waiver of the right to be heard. Failure on his part to defend himself is equivalent to waiver of his right to due process.

* The Desistance of complaint or his withdrawal of the charges against the lawyer does not deprive the court of the authority to proceed to determine the matter. It does not even exonerate the respondent. However, it may indicate that the lawyer lacks merit. * An attorney enjoys the legal presumption that he is innocent of the charges preferred against him until the contrary is proved, and that as an officer of the court he has performed his duties in accordance with

his oath. The burden of proof rests upon the complainant to overcome the presumption. The complainant must establish a clear, convincing and satisfactory proof. Only preponderance of evidence is required to establish liability. *Primary purpose of disciplinary proceedings: To protect the administration of justice y requiring that those who exercise this important function shall be competent, honorable, and reliable, men inn whom courts and clients may repose confidence and should be taken into account by the court in the exercise power. * A judgment of suspension or disbarment is self-executory. A lawyer who has been disbarred or suspended cannot practice law without being held liable for contempt. *A lawyer holding a government office which requires a membership of the bar as an indispensable disqualification will justify his dismissal to such office. But it does not apply to impeachable officials. d. Discipline of Filipino Lawyers Practice in Foreign Jurisdictions * The rule is that a Philippine lawyer may practice law only in the country. He may, however, be admitted to the bar in a foreign country, where he practice a law in both countries. If he commits a misconduct outside Philippine jurisdiction, which is also a ground for disciplinary action under Philippine law, he may be suspended or disbarred in this country. (Velez v de Vera) 4. Readmission to the Bar *The Supreme Court has the exclusive authority to reinstate a disbarred or indefinitely suspended lawyer to the office of attorney-at-law. His reinstatement is a recognition of his moral rehabilitation and mental fitness to practice law. a. Lawyers Who Have Been Suspended b. Lawyers Who Have Been Disbarred c. Lawyers Who Have Been Repatriated 5. Mandatory Continuing Legal Education a. Purpose

Continuing legal education is required of members of the Integrated Bar of the Philippines 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.

b. Requirements - Members of the IBP not exempt under Rule 7 shall complete every three years at least thirty-six hours of continuing legal activities approved by the MCLE Committee. Of the 36 hours: a. at least 6 hours shall be devoted to legal ethics b. at least 4 hours shall be devoted to trial and pre-trial skills c. at least 5 hours shall be devoted to alternative dispute resolution d. at least 9 hours shall be devoted to updates on substantive and procedural laws, and jurisprudence e. at least 4 hours shall be devoted to legal writing and oral advocacy f. at least 2 hours shall be devoted to international law and international conventions g. the remaining 6 hours shall be devoted to such subjects as may be prescribed by the MCLE Committee. c. Compliance - Initial Compliance Period- the initial compliance period shall begin not later than 3 months from the constitution of the MCLE Committee. Except for the initial compliance period for members admitted or readmitted after the establishment of the program, all compliance periods shall be for the 36 months and shall begin the day after the end of the previous compliance period. Compliance Group 1. Members in the National Capital Region (NCR) or Metro Manila shall be permanently assigned to Compliance Group 1. Compliance Group 2. Members in Luzon outside NCR shall be permanently assigned to Compliance Group 2. Compliance Group 3.

Members in Visayas and Mindanao shall be permanently assigned to Compliance Group 3. Compliance period for establishment of the program. members admitted or readmitted after

Members admitted or readmitted to the Bar after the establishment of the program shall be permanently assigned to the appropriate Compliance Group based on their Chapter membership on the date of admission or readmission. The initial compliance period after admission or readmission shall begin on the first day of the month of admission or readmission and shall end on the same day as that of all other members in the same Compliance Group. (a) Where four (4) months or less remain of the initial compliance period after admission or readmission, the member is not required to comply with the program requirement for the initial compliance. (b) Where more than four (4) months remain of the initial compliance period after admission or readmission, the member shall be required to complete a number of hours of approved continuing legal education activities equal to the number of months remaining in the compliance period in which the member is admitted or readmitted. Such member shall be required to complete a number of hours of education in legal ethics in proportion to the number of months remaining in the compliance period. Fractions of hours shall be rounded up to the next whole number. d. Exemptions Parties exempted from the MCLE The following members of the Bar are exempt from the MCLE requirement: (a) The President and the Vice President of the Philippines, and the Secretaries and Undersecretaries of Executives Departments; (b) Senators and Members of the House of Representatives; (c) The Chief Justice and Associate Justices of the Supreme Court, incumbent and retired members of the judiciary, incumbent members of the Judicial and Bar Council and incumbent court lawyers covered by

the Philippine education;

Judicial

Academy

program

of

continuing

judicial

(d) The Chief State Counsel, Chief State Prosecutor and Assistant Secretaries of the Department of Justice; (e) The Solicitor General and the Assistant Solicitor General; (f) The Government Corporate Government Corporate Counsel; Counsel, Deputy and Assistant

(g) The Chairmen and Members of the Constitutional Commissions; (h) The Ombudsman, the Overall Deputy Ombudsman, the Deputy Ombudsmen and the Special Prosecutor of the Office of the Ombudsman; (i) Heads of government agencies exercising quasi-judicial functions; (j) Incumbent deans, bar reviews and professors of law who have teaching experience for at least 10 years accredited law schools; (k) The Chancellor, Vice-Chancellor and members of the Corps of Professors and Professorial Lectures of the Philippine Judicial Academy; and (l) Governors and Mayors.

*Other parties exempted from the MCLE The following Members of the Bar are likewise exempt: (a) Those who are not in law practice, private or public. (b) Those who have retired from law practice with the approval of the IBP Board of Governors. d. Sanctions What constitutes non-compliance

The following shall constitute non-compliance

(a) Failure to complete compliance period;

the

education

requirement

within

the

(b) Failure to provide attestation of compliance or exemption; (c) Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescribed period; (d) Failure to satisfy the education requirement and furnish evidence of such compliance within sixty (60) days from receipt of a noncompliance notice; (e) Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE requirements.

Non-compliance compliance

notice

and

60-day

period

to

attain

A member failing to comply will receive a Non-Compliance Notice stating the specific deficiency and will be given sixty (60) days from the date of notification to explain the deficiency or otherwise show compliance with the requirements. Such notice shall contain, among other things, the following language in capital letters: YOUR FAILURE TO PROVIDE ADEQUATE JUSTIFICATION FOR NON-COMPLIANCE OR PROOF OF COMPLIANCE WITH THE MCLE REQUIREMENT BY (INSERT DATE 60 DAYS FROM THE DATE OF NOTICE), SHALL BE A CAUSE FOR LISTING AS A DELINQUENT MEMBER. The Member may use this period to attain the adequate number of credit hours for compliance. Credit hours earned during this period may only be counted toward compliance with the prior compliance period requirement unless hours in excess of the requirement are earned, in which case, the excess hours may be counted toward meeting the current compliance period requirement.lawphil.net CONSEQUENCES OF NON-COMPLIANCE Non-compliance fee

A member who, for whatever reason, is in non-compliance at the end of the compliance period shall pay a non-compliance fee. Listing as delinquent member

Any member who fails to satisfactorily comply with Section 2 of Rule 12 shall be listed as a delinquent member by the IBP Board of Governors upon the recommendation of the MCLE Committee, in which case, Rule 139-A of the Rules of Court shall apply.

6. Notarial Practice a. Qualifications of Notary Public A notarial commission may be issued by an Executive Judge to any qualified person who submits a petition in accordance with these Rules.

To be eligible for commissioning as notary public, the petitioner: (1) must be a citizen of the Philippines; (2) must be over twenty-one (21) years of age; (3) 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; (4) 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; and (5) must not have been convicted in the first instance of any crime involving moral turpitude. b. Term of Office of Notary Public A person commissioned as notary public may perform notarial acts for a period of two (2) years commencing the first day of January of the year in which the commissioning is made, unless earlier revoked or the notary public has resigned under these Rules and the Rules of Court. c. Powers and Limitations

*Powers. - (a) A notary public is empowered to perform the following notarial acts: (1) acknowledgments; (2) oaths and affirmations; (3) jurats; (4) signature witnessings; (5) copy certifications; and (6) any other act authorized by these Rules.

(b) A notary public is authorized to certify the affixing of a signature by thumb or other mark on an instrument or document presented for notarization if: (1)the thumb or other mark is affixed in the presence of the notary public and of two (2) disinterested and unaffected witnesses to the instrument or document; (2) both witnesses sign their own names in addition to the thumb or other mark; (3) the notary public writes below the thumb or other mark: "Thumb or Other Mark affixed by (name of signatory by mark) in the presence of (names and addresses of witnesses) and undersigned notary public"; and (4) the notary public notarizes the signature by thumb or other mark through an acknowledgment, jurat, or signature witnessing. (c) A notary public is authorized to sign on behalf of a person who is physically unable to sign or make a mark on an instrument or document if: (1) the notary public is directed by the person unable to sign or make a mark to sign on his behalf; (2) the signature of the notary public is affixed in the presence of two disinterested and unaffected witnesses to the instrument or document; (3) both witnesses sign their own names ;

(4) the notary public writes below his signature: "Signature affixed by notary in presence of (names and addresses of person and two \2] witnesses)"; and (5) the notary public notarizes his signature by acknowledgment or jurat. *Prohibitions. - (a) A notary public shall not perform a notarial act outside his regular place of work or business; provided, however, that on certain exceptional occasions or situations, a notarial act may be performed at the request of the parties in the following sites located within his territorial jurisdiction: (1) public offices, convention halls, and similar places where oaths of office may be administered; (2) public function areas in hotels and similar places for the signing of instruments or documents requiring notarization; (3) hospitals and other medical institutions where a party to an instrument or document is confined for treatment; and (4) any place where a party to an instrument or document requiring notarization is under detention. (b) A person shall not perform a notarial act if the person involved as signatory to the instrument or document (1) is not in the notary's presence personally at the time of the notarization; and (2) 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. *Disqualifications. - 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.

* Refusal to Notarize. - A notary public shall not perform any notarial act described in these Rules for any person requesting such an act even if he tenders the appropriate fee specified by these Rules if: (a) the notary knows or has good reason to believe that the notarial act or transaction is unlawful or immoral; (b) the signatory shows a demeanor which engenders in the mind of the notary public reasonable doubt as to the former's knowledge of the consequences of the transaction requiring a notarial act; and (c) in the notary's judgment, the signatory is not acting of his or her own free will. * False or Incomplete Certificate. - A notary public shall not: (a) execute a certificate containing information known or believed by the notary to be false. (b) affix an official signature or seal on a notarial certificate that is incomplete. * Improper Instruments or Documents. - A notary public shall not notarize: (a) a blank or incomplete instrument or document; or (b) an instrument certification. or document without appropriate notarial

d. Notarial Register

Form of Notarial Register. - (a) A notary public shall keep, maintain, protect and provide for lawful inspection as provided in these Rules, a chronological official notarial register of notarial acts consisting of a permanently bound book with numbered pages. register shall be kept in books to be furnished by the Solicitor to any notary public upon request and upon payment of the cost The register shall be duly paged, and on the first page, the Solicitor shall certify the number of pages of which the book consists.

The General thereof. General

For purposes of this provision, a Memorandum of Agreement or Understanding may be entered into by the Office of the Solicitor General and the Office of the Court Administrator.

(b) A notary/ public shall keep only one active notarial register at any given time. * Entries in the Notarial Register. - (a) For every notarial act, the notary shall record in the notarial register at the time of notarization the following: (1) the entry number and page number; (2) the date and time of day of the notarial act; (3) the type of notarial act; (4) the title or description of the instrument, document or proceeding; (5) the name and address of each principal; (6) the competent evidence of identity as defined by these Rules if the signatory is not personally known to the notary; (7) the name and address of each credible witness swearing to or affirming the person's identity; (8) the fee charged for the notarial act; (9) the address where the notarization was performed if not in the notary's regular place of work or business; and (10) any other circumstance the notary public may deem of significance or relevance. (b) A notary public shall record in the notarial register the reasons and circumstances for not completing a notarial act. (c) A notary public shall record in the notarial register the circumstances of any request to inspect or copy an entry in the notarial register, including the requester's name, address, signature, thumbmark or other recognized identifier, and evidence of identity. The reasons for refusal to allow inspection or copying of a journal entry shall also be recorded. (d) When the instrument or document is a contract, the notary public shall keep an original copy thereof as part of his records and enter in said records a brief description of the substance thereof and shall give to each entry a consecutive number, beginning with number one in each calendar year. He shall also retain a duplicate original copy for the Clerk of Court.

(e) The notary public shall give to each instrument or document executed, sworn to, or acknowledged before him a number corresponding to the one in his register, and shall also state on the instrument or document the page/s of his register on which the same is recorded. No blank line shall be left between entries. (f) In case of a protest of any draft, bill of exchange or promissory note, the notary public shall make a full and true record of all proceedings in relation thereto and shall note therein whether the demand for the sum of money was made, by whom, when, and where; whether he presented such draft, bill or note; whether notices were given, to whom and in what manner; where the same was made, when and to whom and where directed; and of every other fact touching the same. (g) At the end of each week, the notary public shall certify in his notarial register the number of instruments or documents executed, sworn to, acknowledged, or protested before him; or if none, this certificate shall show this fact. (h) A certified copy of each month's entries and a duplicate original copy of any instrument acknowledged before the notary public shall, within the first ten (10) days of the month following, be forwarded to the Clerk of Court and shall be under the responsibility of such officer. If there is no entry to certify for the month, the notary shall forward a statement to this effect in lieu of certified copies herein required.

* Signatures and Thumbmarks. - At the time of notarization, the notary's notarial register shall be signed or a thumb or other mark affixed by each: (a) principal; (b) credible witness swearing or affirming to the identity of a principal; and (c) witness to a signature by thumb or other mark, or to a signing by the notary public on behalf of a person physically unable to sign. * Inspection, Copying and Disposal. - (a) In the notary's presence, any person may inspect an entry in the notarial register, during regular business hours, provided; (1) the person's identity is personally known to the notary public or proven through competent evidence of identity as defined in these Rules;

(2) the person affixes a signature and thumb or other mark or other recognized identifier, in the notarial .register in a separate, dated entry; (3) the person specifies the month, year, type of instrument or document, and name of the principal in the notarial act or acts sought; and (4) the person is shown only the entry or entries specified by him. (b) The notarial register may be examined by a law enforcement officer in the course of an official investigation or by virtue of a court order. (c) If the notary public has a reasonable ground to believe that a person has a criminal intent or wrongful motive in requesting information from the notarial register, the notary shall deny access to any entry or entries therein. *Loss, Destruction or Damage of Notarial Register. - (a) In case the notarial register is stolen, lost, destroyed, damaged, or otherwise rendered unusable or illegible as a record of notarial acts, the notary public shall, within ten (10) days after informing the appropriate law enforcement agency in the case of theft or vandalism, notify the Executive Judge by any means providing a proper receipt or acknowledgment, including registered mail and also provide a copy or number of any pertinent police report. (b) Upon revocation or expiration of a notarial commission, or death of the notary public, the notarial register and notarial records shall immediately be delivered to the office of the Executive Judge. *Issuance of Certified True Copies. - The notary public shall supply a certified true copy of the notarial record, or any part thereof, to any person applying for such copy upon payment of the legal fees. e. Jurisdiction of Notary Public and Place of Notarization A person commissioned as notary public may perform notarial acts in any place within the territorial jurisdiction of the commissioning court. f. Revocation of Commission

* Revocation- (a) The Executive Judge shall revoke a notarial commission for any ground on which an application for a commission may be denied. (b) In addition, the Executive Judge may revoke the commission of, or impose appropriate administrative sanctions upon, any notary public who: (1) fails to keep a notarial register; (2) fails to make the proper entry or entries in his notarial register concerning his notarial acts; (3) fails to send the copy of the entries to the Executive Judge within the first ten (10) days of the month following; (4) fails to affix to acknowledgments the date of expiration of his commission; (5) fails to submit his notarial register, when filled, to the Executive Judge; (6) fails to make his report, within a reasonable time, to the Executive Judge concerning the performance of his duties, as may be required by the judge; (7) fails to require the presence of a principal at the time of the notarial act; (8) fails to identify a principal on the basis of personal knowledge or competent evidence; (9) executes a false or incomplete certificate under Section 5, Rule IV; (10) knowingly performs or fails to perform any other act prohibited or mandated by these Rules; and (11) commits any other dereliction or act which in the judgment of the Executive Judge constitutes good cause for revocation of commission or imposition of administrative sanction. (c) Upon verified complaint by an interested, affected or aggrieved person, the notary public shall be required to file a verified answer to the complaint. If the answer of the notary public is not satisfactory, the Executive Judge shall conduct a summary hearing. If the allegations of the complaint are not proven, the complaint shall be dismissed. If the charges are duly established, the Executive Judge shall impose the appropriate administrative sanctions. In either case, the aggrieved party may appeal the decision to the Supreme Court for review. Pending the appeal, an order imposing disciplinary sanctions shall

be immediately executory, unless otherwise ordered by the Supreme Court. (d) The Executive Judge may motu proprio initiate administrative proceedings against a notary public, subject to the procedures prescribed in paragraph (c) above and impose the appropriate administrative sanctions on the grounds mentioned in the preceding paragraphs (a) and (b). *Supervision and Monitoring of Notaries Public. - The Executive Judge shall at all times exercise supervision over notaries public and shall closely monitor their activities. *Death of Notary Public. - If a notary public dies before fulfilling the obligations in Section 4(e), Rule VI and Section 2(e), Rule VII, the Executive Judge, upon being notified of such death, shall forthwith cause compliance with the provisions of these sections. g. Competent Evidence of Identity * - In notarizing a paper instrument or document, a notary public Official Signature. shall: (a) sign by hand on the notarial certificate only the name indicated and as appearing on the notary's commission; (b) not sign using a facsimile stamp or printing device; and (c) affix his official signature only at the time the notarial act is performed. * Official Seal. - (a) Every person commissioned as notary public shall have a seal of office, to be procured at his own expense, which shall not be possessed or owned by any other person. It shall be of metal, circular in shape, two inches in diameter, and shall have the name of the city or province and the word "Philippines" and his own name on the margin and the roll of attorney's number on the face thereof, with the words "notary public" across the center. A mark, image or impression of such seal shall be made directly on the paper or parchment on which the writing appears. (b) The official seal shall be affixed only at the time the notarial act is performed and shall be clearly impressed by the notary public on every page of the instrument or document notarized.

(c) When not in use, the official seal shall be kept safe and secure and shall be accessible only to the notary public or the person duly authorized by him. (d) Within five (5) days after the official seal of a notary public is stolen, lost, damaged or other otherwise rendered unserviceable in affixing a legible image, the notary public, after informing the appropriate law enforcement agency, shall notify the Executive Judge in writing, providing proper receipt or acknowledgment, including registered mail, and in the event of a crime committed, provide a copy or entry number of the appropriate police record. Upon receipt of such notice, if found in order by the Executive Judge, the latter shall order the notary public to cause notice of such loss or damage to be published, once a week for three (3) consecutive weeks, in a newspaper of general circulation in the city or province where the notary public is commissioned. Thereafter, the Executive Judge shall issue to the notary public a new Certificate of Authorization to Purchase a Notarial Seal. (e) Within five (5) days after the death or resignation of the notary public, or the revocation or expiration of a notarial commission, the official seal shall be surrendered to the Executive Judge and shall be destroyed or defaced in public during office hours. In the event that the missing, lost or damaged seal is later found or surrendered, it shall be delivered by the notary public to the Executive Judge to be disposed of in accordance with this section. Failure to effect such surrender shall constitute contempt of court. In the event of death of the notary public, the person in possession of the official seal shall have the duty to surrender it to the Executive Judge. *Seal Image. - The notary public shall affix a single, clear, legible, permanent, and photographically reproducible mark, image or impression of the official seal beside his signature on the notarial certificate of a paper instrument or document. * Obtaining and Providing Seal. - (a) A vendor or manufacturer of notarial seals may not sell said product without a written authorization from the Executive Judge. (b) Upon written application and after payment of the application fee, the Executive Judge may issue an authorization to sell to a vendor or manufacturer of notarial seals after verification and investigation of the latter's qualifications. The Executive Judge shall charge an

authorization fee in the amount of Php 4,000 for the vendor and Php 8,000 for the manufacturer. If a manufacturer is also a vendor, he shall only pay the manufacturer's authorization fee. (c) The authorization shall be in effect for a period of four (4) years from the date of its issuance and may be renewed by the Executive Judge for a similar period upon payment of the authorization fee mentioned in the preceding paragraph. . (d) A vendor or manufacturer shall not sell a seal to a buyer except upon submission of a certified copy of the commission and the Certificate of Authorization to Purchase a Notarial Seal issued by the Executive Judge. A notary public obtaining a new seal as a result of change of name shall present to the vendor or manufacturer a certified copy of the Confirmation of the Change of Name issued by the Executive Judge. (e) Only one seal may be sold by a vendor or manufacturer for each Certificate of Authorization to Purchase a Notarial Seal, (f) After the sale, the vendor or manufacturer shall affix a mark, image or impression of the seal to the Certificate of Authorization to Purchase a Notarial Seal and submit the completed Certificate to the Executive Judge. Copies of the Certificate of Authorization to Purchase a Notarial Seal and the buyer's commission shall be kept in the files of the vendor or manufacturer for four (4) years after the sale. (g) A notary public obtaining a new seal as a result of change of name shall present to the vendor a certified copy of the order confirming the change of name issued by the Executive Judge.

h. Sanctions *Publication of Revocations and Administrative Sanctions. - The Executive Judge shall immediately order the Clerk of Court to post in a conspicuous place in the offices of the Executive Judge and of the Clerk of Court the names of notaries public who have been administratively sanctioned or whose notarial commissions have been revoked.

B. JUDICIAL ETHICS 1. Sources

On August 1, 1946, the Department of Justice issued Administrative Order No. 162, which promulgated the canons of judicial ethics for the guidance and observance of all judges, then under the ethics for the guidance and observance of all judges, then under the administrative supervision of the Department of Justice. Under the 1987 Constitution, which vested in the Supreme Court, administrative supervision over all judges, the Supreme Court, adopted the Code of Judicial Conduct, which took effect on October 20, 1989. Thereafter, the Supreme Court adopted a New Code of Judicial Conduct of the Philippine Judiciary, which took effect on June 1, 2004, following its publication not later than May 15, 2004. a. New Code of Judicial Conduct for the Philippine Judiciary (Bangalore Draft) - At the Round Table Meeting of Chief Justices held at the Peace Palace, The Hague, on 25-26 November 2002, at which the Philippine Supreme Court was represented by the Chief Justice and Associate Justicr Reynaldo S. Puno, the Bangalore Draft of the Code of Judicial Conduct adopted by the Judicial Group on Strengthening Judicial Integrity was deliberated upon and approved after incorporating therein several amendments. - It is intended to be the Universal Declaration of Judicial Standards applicable in all judiciaries. b. Code of Judicial Conduct PREAMBLE chan robles virtual law library 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 chan robles virtual law library 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 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.chan 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 outcome of litigation or dispute pending before another court or administrative agency. CANON 3 A JUDGE SHOULD PERFORM OFFICIAL DUTIES HONESTLY, AND WITH IMPARTIALITY AND DILIGENCE 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: (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 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.

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: (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 non-political educational, religious, charitable, fraternal, or civic organization. FINANCIAL ACTIVITIES chan robles virtual law library 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. 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: (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. RULE 5.09 - A judge shall not accept appointment or designation to any agency performing quasi-judicial or administrative functions. POLITICAL ACTIVITIES chan robles virtual law library 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 chan robles virtual law library All judges shall strictly comply with this Code. DATE OF EFFECTIVITY

This Code, promulgated on 5 September 1989, shall take effect on 20 October 1989 2. Qualities a. Independence b. Integrity c. Impartiality d. Propriety e. Equality f. Competence and Diligence Preamble WHEREAS the Universal Declaration of Human Rights recognize as fundamental the principle that everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of rights and obligations and of any criminal charge. WHEREAS the International Covenant on Civil and Political Rights guarantees that all persons shall be equal before the courts, and that in the determination of any criminal charge or of rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.

WHEREAS the foregoing fundamental principles and rights are also recognized or reflected in regional human rights instruments, in domestic constitutional, statutory and common law, and in judicial conventions and traditions. WHEREAS the importance of a competent, independent and impartial judiciary to the protection of human rights is given emphasis by the fact that the implementation of all the other rights ultimately depends upon the proper administration of justice. WHEREAS an independent judiciary is likewise essential if the courts are to fulfil their roles as guardians of the rule of law and thereby to assure good governance. WHEREAS the real source of judicial power is public acceptance of the moral authority and integrity of the judiciary. WHEREAS consistently with the United Nations Basic Principles on the Independence of the Judiciary, it is essential that judges, individually and collectively, respect and honour judicial office as a public trust and strive to enhance and maintain confidence in the judicial system. The following principles and rules are intended to establish standards for ethical conduct of judges. They are principles and rules of reason to be applied in the light of all relevant circumstances and consistently with the requirements of judicial independence and the law. They are designed to provide guidance to judges and to afford a structure for regulating judicial conduct. They are intended to supplement and not to derogate from existing rules of law and conduct which bind the judge. The values which this Code upholds are: Propriety Independence Integrity Impartiality Equality Competence and diligence Accountability

I Propriety, and the appearance of propriety, are essential to the performance of all of the activities of a judge. 1.1 A judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities. 1.2. As a subject of constant public scrutiny, a judge must accept personal restrictions that might be viewed as burdensome by the ordinary citizen and should do so freely and willingly. In particular, a judge shall conduct himself or herself in a way that is consistent with the dignity of the judicial office 1.3. A judge shall avoid close personal association with individual members of the legal profession, particularly those who practise in the judge's court, where such association might reasonably give rise to the suspicion or appearance of favouritism or partiality. 1.4 Save in exceptional circumstances or out of necessity, a judge shall not participate in the determination of a case in which any member of the judge's family represents a litigant or is associated in any manner with the case. 1.5 A judge shall avoid the use of the judge's residence by a member of the legal profession to receive clients or other members of the legal profession in circumstances that might reasonably give rise to the suspicion or appearance of impropriety on the part of the judge. 1.6 A judge shall refrain from conduct such as membership of groups or organisations or participation in public discussion which, in the mind of a reasonable, fair-minded and informed person, might undermine confidence in the judge's impartiality with respect to any issue that may come before the courts. 1.7 A judge shall, upon appointment, cease all partisan political activity or involvement. A judge shall refrain from conduct that, in the mind of a reasonable fair-minded and informed person, might give rise to the appearance that the judge is engaged in political activity 1.8 A judge shall refrain from: 1.8.1 Membership of political parties; 1.8.2 Political fund-raising; 1.8.3 Attendance at political gatherings and political fund-raising events;

1.8.4 Contributing to political parties or campaigns; and 1.8.5 Taking part publicly in controversial discussions of a partisan political character 1.9 A judge shall not allow the judge's family, social or other relationships improperly to influence the judge's judicial conduct and judgment as a judge 1.10 A judge shall not use or lend the prestige of the judicial office to advance the private interests of the judge, a member of the judge's family or of anyone else, nor shall a judge convey or permit others to convey the impression that anyone is in a special position improperly to influence the judge in the performance of judicial duties 1.11 A judge shall not testify voluntarily as a character witness, except that a judge may testify as a witness in a criminal proceeding if the judge or a member of the judge's family is a victim of the offence or if the defendant is a member of the judge's family or in like exceptional circumstances 1.12 Subject to the proper performance of judicial duties, a judge may engage in activities such as: 1.12.1 The judge may write, lecture, teach and participate in activities concerning the law, the legal system, the administration of justice and related matters; 1.12.2 The judge may appear at a public hearing before an official body concerned with matters relating to the law, the legal system and the administration of justice or related matters; and 1.12.3 The judge may serve as a member of an official body devoted to the improvement of the law, the legal system, the administration of justice or related matters. 1.13 A judge may speak publicly on non-legal subjects and engage in historical, educational, cultural, sporting or like social and recreational activities, if such activities do not detract from the dignity of the judicial office or otherwise interfere with the performance of judicial duties in accordance with this Code 1.14 A judge may participate in civic and charitable activities that do not reflect adversely on the judge's impartiality or interfere with the performance of judicial duties. A judge should not be involved in fund-raising or membership solicitation

1.15 A judge shall not serve as the executor, administrator, trustee, guardian or other fiduciary, except for the estate, trust or person connected with a member of the judge's family and then only if such service will not interfere with the proper performance of judicial duties 1.16 Save for holding and managing appropriate personal or family investments, a judge shall refrain from being engaged in other financial or business dealings as these may interfere with the proper performance of judicial duties or reflect adversely on the judge's impartiality 1.16 Confidential information acquired by a judge in the judge's judicial capacity shall not be used or disclosed by the judge in financial dealings or for any other purpose not related to the judge's judicial duties. 1.17 A judge shall not practise law whilst the holder of judicial office 1.18 Except as consistent with, or as provided by, constitutional or other law, a judge shall not accept appointment to a government commission, committee or to a position that is concerned with issues of fact or policy on matters other than the improvement of the law, the legal system, the administration of justice or related matters. However, a judge may represent the judge's country or the state on ceremonial occasions or in connection with historical, educational, cultural, sporting or like activities 1.19 A judge may form or join associations of judges or participate in other organisations representing the interests of judges to promote professional training and to protect judicial independence 1.20 A judge and members of the judge's family, shall neither ask for, nor accept, any gift, bequest, loan or favour in relation to anything done or to be done or omitted to be done by the judge in connection with the performance of judicial duties. 1.21 Subject to law and to any legal requirements of public disclosure, a judge may receive a small token gift, award or benefit as appropriate to the occasion on which it is made provided that such gift, award or benefit might not reasonably be perceived as intended to influence the judge in the performance of judicial duties or otherwise give rise to an appearance of partiality 1.22 A judge may receive compensation and reimbursement of expenses for the extra-judicial activities permitted by this Code, if such payments do not give the appearance of influencing the judge in the performance of judicial duties or otherwise give the appearance of impropriety, subject to the following restrictions:

(a) Such compensation and reimbursement shall not exceed a reasonable amount nor shall it exceed what a person who is not a judge would receive for the same activities; and (b) Reimbursement shall be limited to the actual cost of travel and accommodation reasonably incurred by the judge and, where appropriate to the occasion, by the judge's family. Any payment in excess of such an amount is compensation 1.23 A judge shall make such financial disclosures and pay all such taxes as are required An independent judiciary is indispensable to impartial justice under law. A judge should therefore uphold and exemplify judicial independence in both its individual and institutional aspects. 2.1 A judge shall exercise the judicial function independently on the basis of the judge's assessment of the facts and in accordance with a conscientious understanding of the law, free of any extraneous influences, inducements, pressures, threats or interference, direct or indirect, from any quarter or for any reason 2.2 A judge shall reject any attempt to influence his or her decision in any matter before the judge for decision where such attempt arises outside the proper performance of judicial duties 2.3 In performing judicial duties, a judge shall, within the judge's own court, be independent of judicial colleagues in respect of decisions which the judge is obliged to make independently 2.4 A judge shall encourage and uphold safeguards for the discharge of judicial duties in order to maintain and enhance the institutional and operational independence of the judiciary 2.5 A judge shall exhibit and promote high standards of judicial conduct in order to reinforce public confidence which is fundamental to the maintenance of judicial independence Integrity is essential to the proper discharge of the judicial office. 3.1 A judge shall ensure that his or her conduct is above reproach in the view of reasonable, fair-minded and informed persons 3.2 The behaviour and conduct of a judge must reaffirm the people's faith in the integrity of the judiciary. Justice must not merely be done but must also be seen to be done

3.3 A judge, in addition to observing personally the standards of this Code, shall encourage and support their observance by others Impartiality is essential to the proper discharge of the judicial office. It applies not only to the making of a decision itself but also to the process by which the decision is made. 4.1 A judge shall perform his or her judicial duties without favour, bias or prejudice[30]. 4.2 A judge shall ensure that his or her conduct, both in and out of court, maintains and enhances the confidence of the public, the legal profession and litigants in the impartiality of the judge and of the judiciary 4.3 A judge shall, so far as is reasonable, so conduct himself or herself as to minimise the occasions on which it will be necessary for the judge to be disqualified from hearing or deciding cases 4.4 A judge shall not knowingly, while a proceeding is before, or could come before, the judge, make any comment that might reasonably be expected to affect the outcome of such proceeding or impair the manifest fairness of the process. Nor shall the judge make any comment in public or otherwise that might affect the fair trial of any person or issue 4.5 A judge shall disqualify himself or herself from participating in any proceedings in which the judge is unable to decide the matter impartially or in which a reasonable, fair-minded and informed person might believe that the judge is unable to decide the matter impartiall 4.6 A judge shall disqualify himself or herself in any proceedings in which there might be a reasonable perception of a lack of impartiality of the judge including, but not limited to, instances where: 4.6.1 The judge has actual bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts concerning the proceedings; 4.6.2 The judge previously served as a lawyer or was a material witness in the matter in controversy; 4.6.3 The judge, or a member of the judge's family, has an economic interest in the outcome of the matter in controversy[35]. 4.7 A judge shall inform himself or herself about the judge's personal and fiduciary financial interests and shall make reasonable efforts to be informed about the financial interests of members of the judge's family[36].

4.8 A judge who would otherwise be disqualified on the foregoing grounds may, instead of withdrawing from the proceedings, disclose on the record the basis of such disqualification. If, based on such disclosure, the parties, independently of the judge's participation, agree in writing or on the record, that the judge may participate, or continue to participate, in the proceedings, the judge may do so[37]. 4.9 Disqualification of a judge is not required if necessity obliges the judge to decide the matter in controversy including where no other judge may lawfully do so or where, because of urgent circumstances, failure of the judge to participate might lead to a serious miscarriage of justice[38]. In such cases of necessity, the judge shall still be obliged to disclose to the parties in a timely way any cause of disqualification and ensure that such disclosure is included in the record. 4.10 Save for the foregoing, a judge has a duty to perform the functions of the judicial office and litigants do not have a right to choose a judge. 5.1 A judge shall strive to be aware of, and to understand, diversity in society and differences arising from various sources, including but not limited to race, colour, sex, religion, national origin, caste, disability, age, marital status, sexual orientation, social and economic status and other like causes ("irrelevant grounds")[39]. 5.2 A judge shall not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice towards any person or group on irrelevant grounds[40]. 5.3 A judge shall carry out his or her duties with appropriate consideration for all persons (for example, parties, witnesses, lawyers, court staff and judicial colleagues) without unjust differentiation on any irrelevant ground, immaterial to the proper performance of such duties[41]. 5.4 A judge shall not knowingly permit court staff or others subject to the judge's influence, direction or control to differentiate between persons concerned, in a matter which is before the judge, on any irrelevant ground. 5.5 A judge shall require lawyers in proceedings before a court to refrain from manifesting, by words or conduct, bias or prejudice based on irrelevant grounds. This requirement does not preclude legitimate advocacy where any such grounds are legally relevant to an issue in the proceedings[42]. 5.6 A judge shall not be a member of, nor associated with, any society or organisation that practises unjust discrimination on the basis of any irrelevant ground[43].

5.7 Without authority of law and notice to, and consent of, the parties and an opportunity to respond, a judge shall not engage in independent, personal investigation of the facts of a case. 5.8 Without authority of law and notice to, and consent of, the parties and an opportunity to respond, a judge shall not, in the absence of the other parties to the proceedings, communicate with any party to proceedings in the judge's court concerning such proceedings[44]. Competence and diligence are prerequisites to the due performance of judicial office. [45]. [46]. 6.3 A judge shall take reasonable steps to maintain and enhance the judge's knowledge, skills and personal qualities necessary for the proper performance of judicial duties[47]. 6.4 A judge shall keep himself or herself informed about relevant developments of international law, including international conventions and other instruments establishing human rights norms and, within any applicable limits of constitutional or other law, shall conform to such norms as far as is feasible[48]. 6.5 A judge shall perform all judicial duties, including the delivery of reserved decisions, efficiently, fairly and with reasonable promptness[49]. 6.6 A judge shall maintain order and decorum in all proceedings in which the judge is involved. He or she shall be patient, dignified and courteous in relation to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity. The judge shall require similar conduct of legal representatives, court staff and others subject to the judge's influence, direction or control[50]. 6.7 A judge shall not engage in conduct incompatible with the diligent discharge of judicial duties[51]. Implementing these principles and ensuring the compliance of judges with them are essential to the effective achievement of the objectives of this Code. 7.2 By the nature of the judicial office judges are not, except in accordance with law, accountable to any organ or entity of the state for their judicial

decisions but they are accountable for their conduct to institutions that are established to implement this Code. 7.3 The institutions and procedures established to implement this Code shall be transparent so as to strengthen public confidence in the judiciary and thereby to reinforce judicial independence. 7.4 Ordinarily, except in serious cases that may warrant removal of the judge from office, proceedings established to implement this Code shall be conducted in confidence. 7.5 The implementation of this Code shall take into account the legitimate needs of a judge, by reason of the nature of the judicial office, to be afforded protection from vexatious or unsubstantiated accusations and due process of law in the resolution of complaints against the judge. 7.6 The judiciary and any institution established to implement this Code shall promote awareness of these principles and of the provisions of the Code. In this Code, unless the context otherwise permits or requires, the following meanings shall be attributed to the words used: "Court staff" includes the personal staff of the judge including law clerks. "Judge" includes a magistrate, a member of customary or village courts and any person exercising judicial office, however designated. "Judge's family" includes a judge's spouse, the judge's son, daughter, son-inlaw or daughter-or-law. it also includes any other close relative or person who is a companion or employee of the judge and who lives in the judge's household. "Judge's spouse" includes a domestic partner of the judge or any other person of either sex in a close personal relationship with the judge.

2. Discipline of Members of the Judiciary a. Members of the Supreme Court (1)Impeachment b. Lower Court Judges and Justices c. Grounds

c.1 Criminal Liability

i. Knowingly rendering unjust judgment ii. Judgment rendered through negligence iii. Unjust interlocutory order iv. Malicious delay in the administration of justice v. Direct bribery vi. Indirect bribery vii. viii. ix. x. xi. xii. xiii. xiv. xv. xvi.
xvii.

Infidelity in custody of documents Open disobedience Prolonging performance of duties and powers Abandonment of office or position Usurpation of legislative powers Usurpation of executive functions Disobeying request for disqualification Abuses against chastity Falsification by public officer, employee, or notary or ecclesiastical minister Anti- Graft Act Plunder

xviii. Violation of Code of Conduct of Public Officials xix. xx. xxi. Violation of PD 46 Transfer of unlawfully acquired property Violation of right to counsel

xxii. Election offenses

c.2. Civil cases

i. ii. iii. iv. v.

Under Administrative Code of 1987. Secs. 38 and 39. Article 27 of Civil Code Article 32 of Civil Code Arising from bad faith Unexplained wealth

c.3. Administrative cases

a. Serious charges

1. Bribery, direct or indirect 2. Dishonesty and violations of the Anti-Graft and Corrupt or Practices or the law 3. Gross misconduct constituting violations of Code of Judicial Conduct 4. Knowingly rendering an unjust judgment or order as determined by a competent court in an appropriate proceeding 5. Conviction of a crime involving moral turpitude 6. Willful failure to pay a just debt 7. Borrowing money or property from lawyers and litigants in a case pending before the court 8. Immorality 9. Gross ignorance of the law or procedure 10. 11. Partisan political activities Alcoholism and/or vicious habits

b. Less Serious charges

1. Undue delay in rendering a decision or order, or in transmitting the records of the case 2. Frequent and unjustified absences without leave or habitual tardiness 3. Unauthorized practice 4. Violation of Supreme Court rules, directive and circulars 5. Receiving additional or double compensation unless specifically authorized by law 6. Simple misconduct or inefficiency 7. Untruthful statements in the certificate of service

c. Light Charges

1. Vulgar and unbecoming conduct 2. Gambling in public 3. Fraternizing with lawyers and litigants with pending case in his court 4. Undue delay in the submission of month reports d. Impeachment e. Sanctions Imposed by the Supreme Court On Erring Members of the Judiciary

Proof beyond reasonable doubt is needed to establish the guilt of the respondent The following sanctions may be imposed if found guilty of a serious charge: 1. Dismissal from the service, forfeiture of all or part of the benefits as this Court may determine, and disqualification from reinstatement or appointment to any public office, including government-owned or controlled corporations. Provided, however, that the forfeiture of benefits shall in no case include accrued leave credits

2. Suspension from office without salary and other benefits for more than 3 but not exceeding 6 months. 3. A fine of more than P20,000.00 but not exceeding P40,0000.00.

If the respondent is guilty of less serious charge: 1. Suspension from office without any salary and other benefits for not less than 1 year nor more than 3 months 2. A fine of more than P10,000.00 but not exceeding P20,000.00

If he is found guilty of light charge: 1. A fine of not less than P1,000.00 but not exceeding P10,000.00 2. a. Censure b. Reprimand c. Admonition with Warning