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. 1 ! A judge should be the embodiment of competence" integrity" and independence. Rule 1. # ! A judge should administer justice impartially and $ithout delay. Rule 1. % ! A judge should be &igilant against any attempt to sub&ert the independence of the judiciary and resist any pressure from $hate&er source.

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 decisions.

Should not be swayed by public clamor or considerations of personal popularity

Must decide motions without delay. Should also appear impartial.

CANON # ! A judge should a&oid impropriety and the appearance of impropriety in all

acti&ities.

Rule #. 1 ! A judge should so beha&e at all times as to promote public confidence in the integrity and impartiality of the judiciary. Rule #. # ! A judge should not see' publicity for personal &ainglory. Rule #. % ! A judge shall not allo$ family" social" or other relationships to influence

judicial conduct or judgment. (he prestige of judicial office shall not be used or lent to ad&ance the pri&ate interests of others" nor con&ey or permit others to con&ey the

impression that they are in a special position to influence the judge. Rule #. ) ! A judge shall refrain from

influencing in any manner the outcome of litigation or dispute pending before another court of administrati&e agency.

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.

very 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 ma!ing public statements in the media regarding a pending case so as not to arouse public opinion for or

against

party

"violates

the

#rinciple

of

Subjudice$

Judges must not use or permit the use of any undignified%self&laudatory statement regarding their 'ualifications 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.

CANON % duties

A judge should perform official and $ith impartiality and

honestly"

diligence.

A*J+*,CA(,-. R./PON/,0,1,(,./ Rule %. 1 ! A judge shall be faithful to the la$ and maintain professional competence.

Judge should be conversant with the law and its amendments.

Rule

%. # !

,n

e&ery

case"

judge

shall

endea&or diligently to ascertain the facts and the applicable la$ uns$ayed by partisan

interest" public opinion or fear of criticism.

(inding of facts must be based not on the personal !nowledge of the judge but upon the evidence presented.

)f the personal view of the judge contradicts the applicable doctrine promulgated by the Supreme *ourt, 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 %. % ! A judge shall maintain order and proper decorum in the courts. Rule %. ) ! A judge should be patient"

attenti&e" and courteous to la$yers" especially the ine2perienced" to litigants" $itnesses" and others appearing before the court. A judge

should a&oid unconsciously falling into the attitude of mind that the litigants are made for the courts" instead of the courts for the

litigants.

*onduct of trial must not be attended with fanfare and publicity+ not permit pictures or broadcasting.

Must use temperate language+ should not ma!e insulting remar!s.

Rule %. 3 ! A judge shall dispose of the court4s business promptly and decide cases $ithin the re5uired periods. Rule %. 6 ! 7hile a judge may" to promote justice" pre&ent $aste of time or clear up some obscurity" properly inter&ene in the

presentation of e&idence during the trial" it should al$ays be borne in mind that undue interference may pre&ent the proper

presentation of the cause of the ascertainment of the truth. Rule %. 8 ! A judge should abstain from

ma'ing public comments on any pending or

impending case and should re5uire similar restraint on the part of court personnel.

Judge

should

ta!e

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.

A*9,N,/(RA(,-. R./PON/,0,1,(,./

Rule %. : ! A judge should diligently discharge administrati&e professional responsibilities" competence in maintain court

managements" and facilitate the performance of the administrati&e functions of other judges and court personnel. Rule %. ; ! A judge should organi<e and

super&ise the court personnel to ensure the prompt and efficient dispatch of business" and re5uire at all times the obser&ance of high standards of public ser&ice and fidelity. Rule %.1 ! A judge should ta'e or inititate disciplinary measures against

appropriate

la$yers or court personnel for unprofessional conduct of $hich the judge may ha&e become a$are. Rule %.11 ! A judge should appoint

commissioners" recei&ers" trustees" guardians" administrators and others strictly on the basis of merit and 5ualifications" a&oiding nepotism" and fa&oritism. +nless other$ise allo$ed by la$" the same criteria should be obser&ed in recommending personnel. compensation appointment 7here is the of payment it should court of be

allo$ed"

reasonable and commensurate $ith the fair &alue of ser&ices rendered.

Ascertain that the records of all cases are properly !ept and managed.

Maintain a chec!list on the cases submitted for decision with a view to !now exactly the specific

deadlines for the resolution%decision of the said cases.

,oss 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 *ourt.

)f !nowingly nominate or appoint to any public office any person lac!ing the legal 'ualification therefor, shall be guilty of unlawful appointment punishable with imprisonment and fine "Art .//, 0#*$.

*,/=+A1,>,CA(,ON/ Rule %.1# ! A judge should ta'e no part in proceeding $here the judge4s impartiality

might reasonably be 5uestioned. (hese cases include" among others" proceedings $here? 1. a. the judge has personal 'no$ledge

of disputed e&identiary facts concerning the proceeding? #. b. the judge ser&ed as e2ecutor"

administrator" guardian" trustee or la$yer in the case or matters in contro&ersy" or a former associate of the judge ser&ed as counsel during their association" or the judge or la$yer $as a material $itness therein? %. c. the judge4s ruling in a lo$er court is

subject of re&ie$ ). d. the judge is related by consanguinity

or affinity to a party litigant $ithin the 6thdegree )th degree? or to counsel $ithin the

3. e.

the judge 'no$s that the judge4s

spouse or child has a financial interest" as heir" legatee" in or creditor" the in fiduciary" matter to or in the

other$ise" contro&ersy

subject a

party

proceeding" or any other interest that could be substantially affected by the outcome of the proceeding. ,n e&ery instance the judge shall indicate the legal reason for inhibition.

#etition to dis'ualify judge must be filed before rendition of judgment by the judge+ can1t be raised first time on appeal.

)f a judge denies petition for dis'ualification, the ultimate testis whether or not the

complaint was deprived of a fair and impartial trial. 0emedy- see! new trial.

R.9,((A1 O> *,/=+A1,>,CA(,ON Rule %.1% ! A judge dis5ualified by the terms of Rule %.1# may" instead of $ithdra$ing from the proceeding" disclose on the record the basis of dis5ualification. disclosure" the ,f" based on such and la$yers

parties

independently of the judge4s participation" all agree in $riting that the reason for the

inhibition is immaterial or insubstantial" the judge may then participate in the proceeding. (he agreement" signed by all parties and

la$yers" shall be incorporated in the record of the proceeding.

CANON ) ! A judge may" $ith due regard to official duties" engage in acti&ities to impro&e the la$" the legal system and the

administration of justice. Rule ). 1 ! A judge may" to the e2tent that the follo$ing acti&ities do not impair the

performance of judicial duties or case doubt on the judge4s impartiality@ 1. a. spea'" $rite" lecture" teach or the the

participate la$" the

in acti&ities legal

concerning and

system

administration of justice? #. b. appear at a public hearing before a

legislati&e or e2ecuti&e body on matters concerning the la$" the legal system or the administration of justice and other$ise consult $ith them on matters concerning the administration of justice? %. c. ser&e on any organi<ation de&oted

to the impro&ement of the la$" the legal system or the administration of justice.

2ecision to engage in these activities depends upon the sound judgement of the judge.

)f has not enough time to spare "such as when caseload is too heavy$ prudence dictates, he must concentrate on his judicial duties.

)f a judge has time to spare, the best attitude to ta!e 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. CANON 3 ! A judge should regulate e2trajudicial acti&ities to minimi<e the ris' of

conflict $ith judicial acti&ities.

-OCA(,ONA1" AC(,-,(,./ Rule 3. 1 ! A

C,-,C

AN*

CAAR,(A01.

judge

may

engage

in

the

follo$ing acti&ities pro&ided that they do not interfere $ith the performance of judicial

duties or detract from the dignity of the courts@ 1. a. $rite" lecture" teach and spea' on

non-legal subjects? #. b. engage in the arts" sports" and other

special recreational acti&ities? %. c. participate in ci&ic and charitable

acti&ities? ). d. ser&e as an officer" director" trustee"

or non-legal ad&isor of a non-profit or nonpolitical" educational" religious" charitable" fraternal" or ci&ic organi<ation.

)f 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.

>,NANC,A1 AC(,-,(,./ Rule 3. # ! A judge shall refrain from financial and business dealings that tends to reflect ad&ersely on the court4s impartiality" interfere $ith the proper or performance of judicial $ith

acti&ities"

increase

in&ol&ements

la$yers or persons li'ely to come before the court. A judge should so manage in&estments and other financial interests as to minimi<e the number of cases gi&ing grounds for

dis5ualification. Rule 3. % ! /ubject to the pro&isions of the proceeding rule" a judge may hold and manage in&estments but should not ser&e as an officer" director" manager" ad&isor" or employee of any business e2cept as director of a family

business of the judge. Rule 3. ) ! A judge or any" immediate member of the family" shall not accept a gift" be5uest" fa&or or loan from anyone e2cept as may be allo$ed by la$. Rule 3. 3 ! No information ac5uired in a

judicial capacity shall be used or disclosed by a judge in any financial dealing or for any other purpose not related to judicial acti&ities.

Prohibitions Code@

under

the

Re&ised

Penal

Art

.34. Prohibited

Transaction. 5he

penalty

of prision correccional in its minimum period or a fine ranging from #.66 to #3666 or both, shall be imposed upon any appointive public officer who, during his incumbency, shall directly or indirectly become interested in any transaction of exchange or speculation jurisdiction. Art .37. Possession of prohibited interest by a public officer. 5he penalty of arresto mayor in its medium period to prision correccional in its minimum period, or a fine ranging from #.66 to #3666, or both, shall be 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.

within

the

territory

subject

to

his

Sec 3. Corrupt practices of public officers. )n addition to acts or omissions of public officers already penali8ed by existing law, the following shall constitute corrupt practices of any public officer and are hereby declared to be unlawful-

999 "h$ 2irectly or indirectly having financial or pecuniary interest in any business, or contract or transaction in connection with which here intervenes or ta!es part in his official capacity or in which he is prohibited by the *onstitution or by any law from having any interest, "Sec. :"h$, 0A :63;$

Beneral Rule- Avoid ta!ing or receiving loans from litigants.

.2ception "A<*#A$-

=nsolicited

gifts

or

presents of small value offered or given as a mere ordinary to!en of gratitude or friendship according to local custom or usage.

>,*+C,ARC AC(,-,(,./ Rule 3. 6 ! A judge should not ser&e as the e2ecution administrator" trustee" guardian" or other fiduciary" e2cept for the estate" trust" or person of a member of the immediate family and then only if such ser&ice $ill not interfere $ith the proper performance of judicial duties. Dmember of immediate familyE shall be limited to the spouse and relati&es $ithin the second degree of consanguinity. As a family fiduciary" a judge shall not@

1. a.

ser&e in proceedings that might

come before the court of said judge? or #. b. 3. 3 act as such contrary to Rule 3. # to

PRAC(,C. O> 1A7 AN* O(A.R PRO>.//,ON Rule 3. 8 ! A judge shall not engage in the pri&ate practice of la$. +nless prohibited by the Constitution or la$" a judge may engage in the practice of any other profession pro&ided that such practice $ill not conflict or tend to conflict $ith judicial functions.

)ncludes preparation of pleadings or papers in anticipation of litigation, and giving of legal advice to clients or persons needing the same.

>ot

engage

in

notarial

wor!.

xception-

?>otaries public ex&oficio@ A may engage only in notari8ation of documents connected with the exercise of their official functions. #rovided, all notarial fees on account of the government and certification attesting to lac! of any lawyer or >otary #ublic.

Sworn

statement

of

assets

and

liabilities

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.

>,NANC,A1 *,/C1O/+R. Rule 3. : ! A judge shall ma'e full financial disclosure as re5uired by la$.

.F(RA-J+*,C,A1 APPO,N(9.N(/ Rule 3. ; ! A judge shall not accept

appointment or designation to any agency performing functions. 5uasi-judicial or administrati&e

PO1,(,CA1 AC(,-,(,./ Rule 3.1 ! A judge is entitled to entertain

personal &ie$s on political 5uestions. 0ut to a&oid suspicion of political partisanship" a judge shall not ma'e political speeches"

contribute to party funds" publicly endorse candidates for political office or participate in other partisan political acti&ities.

CO9P1,ANC. 7,(A (A. CO*. O> J+*,C,A1 CON*+C( All judges shall strictly comply $ith this code

*A(. O> .>>.C(,-,(C (his code" promulgated on 3 /eptember 1;:;" shall ta'e effect on #

October 1;:;.

An administrative case against a judge is not necessarily dismissed by the withdrawal by or desistance of the complainant.

0etirement, resignation or promotion of a judge does not necessarily render moot and academic all the cases against him.

*ivil ,iabilities 0e Bfficial (unctions-

3.

obstructs, defeats, violates or in any manner impedes or impairs the civil rights.

..

Cillful or negligent rendition of a decision which causes damages to another

:.

(or damages- rendering%neglecting to decide a case causing loss to a party.

*ivil *ode 2isabilities-

0ule- *an1t purchase properties subject of litigation is his court. xception2oes not apply where the subject

property was not ac'uired from any of the parties to the case, nor will it apply when the litigation is already finished. DutE while in a technical sense, the judge may not have ac'uired 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.

2onations made to a judge by reason of his office are void.

5a!ing advantage of his position to boost his candidacy amounts to gross misconduct.

*annot serve as officers or advisers of political groups.

Criminal 1iabilities of Judges

Malfeasance under the 0#*Fnowingly 204, PC! 0endering =njust Judgment (Art.

3.

5he elements are3. .. that the officer is a judge+ that he renders judgment in a case submitted to him for decision+

:. /. 3.

that the judgment is unjust+ the judge !nows that his judgment is unjust. Judgment 0endered 5hrough >egligence (Art. 20", PC!

5he elements are3. .. 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

#owers and 2uties of a >otary #ublic

Section ./3 of the 0evised Administrative Act enumerates the <eneral #owers of a >otary #ublic3. 5o administer all oaths and affirmations

provided for by law3. in all matters incident to his notarial office+ .. in the execution of3. .. :. 3. affidavits depositions other documents re'uiring an oath

5o receive proof or ac!nowledgment of all writings relating to commerce, such as 3. ships, vessels or boats3. .. :. /. 4. Dills of xchange Dottomries Mortgages Hypothecations charter parties or affreightments

7. G.

letters of attorney land%buildings or interest therein3. .. :. /. deeds mortgages transfers and assignments other commonly writings as are or

provided

ac!nowledged before notaries. :. 5o act as magistrate in the writing of affidavits or depositions /. 5o ma!e declarations and certify the truth thereof under his seal of office, concerning all matters done

by him in virtue of his office.

5he law imposes on the notary public two !inds of duties-

3. ..

execution of formalities re'uired by law+ and verification of the capacity and identity of the parties as well as the legality of the act executed.

xtent of Jurisdiction of a >otary #ublic-

=nder the >otarial ,aw, the jurisdiction of a notary public in general, used to be *B& 95 >S)H with the

province for which he was commissioned+ and for the notary public in the *ity of Manila, the jurisdiction is *B& 95 >S)H with said city. *ircular I of 3;I4

however, clarified further that the notary public may be commissioned for the same term only by one court within the Metro Manila region.

J- Must a >otary #ublic always be a ,ACK 0L

A- #eneral

ule$ Bnly those admitted to the practice

of law are 'ualified to be notaries public. %&ception- Chen there are no persons with the necessary 'ualifications B0 where there are 'ualified persons but refuse appointment. )n which case, the following persons may be appointed as notaries3. those who have passed the studies of law in a reputable university .. a cler! or deputy cler! of court for a period of not less than two years

ffects of >B5A0)MA5)B> 5he notary, in effect, proclaims to the world3. that all the parties therein personally appeared before him .. :. that they are personally !nown to him that they are the same persons who executed the instrument /. that he in'uired into the voluntariness of the execution of the instrument+ and 4. that they ac!nowledged personally

3.

before him that they voluntarily and freely executed the same 7. 2. *onverts a private document into a

public one and renders it admissible in court without further proof of its

authenticity. "'oson (s. )alta*ar! G. 3. 2ocuments enjoy a presumption of )t constitutes prima facie

regularity.

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. 5he 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.