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New Code of Judicial Conduct CANON 2

Preamble CANON 2 – A judge should avoid

impropriety and the appearance of
An honorable, competent and impropriety in all activities.
independent judiciary exists to
administer justice and thus promote Rule 2.01 – A judge should so behave
the unity of the country, the stability of at all times as to promote public
government, and the well being of the confidence in the integrity and
people. impartiality of the judiciary.

CANON 1 Rule 2.02 – A judge should not seek

publicity for personal vainglory.
CANON 1- A judge should uphold the
integrity and independence of the Rule 2.03 – A judge shall not allow
judiciary family, social, or other relationships to
influence judicial conduct or judgment.
Rule 1.01 – A judge should be the The prestige of judicial office shall not
embodiment of competence, integrity, be used or lent to advance the private
and independence. interests of others, nor convey or
permit others to convey the impression
Rule 1.02 – A judge should administer that they are in a special position to
justice impartially and without delay. influence the judge.

Rule 1.03 – A judge should be vigilant Rule 2.04 – A judge shall refrain from
against any attempt to subvert the influencing in any manner the outcome
independence of the judiciary and of litigation or dispute pending before
resist any pressure from whatever another court of administrative agency.
source.
A judge must be beyond suspicion. He
Judges should avoid even the slightest has the duty not only to render a just
infraction of the law. and impartial decision but also to
render it in such a manner as to be
Must be models of uprightness, free from any suspicion as to its
fairness and honesty fairness and impartiality, and also as to
his integrity.
Should not relax in his study of the law
and court decisions. Every litigant is entitled to nothing
short of the cold neutrality of an
Should not be swayed by public independent, wholly free, disinterested
clamor or considerations of personal and impartial tribunal.
popularity.
A judge must be temperate in his
Must decide motions without delay. language and must not lose his cool.
Should also appear impartial.
A judge is prohibited from making
public statements in the media
regarding a pending case so as not to
arouse public opinion for or against a

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party (violates the Principle of Rule 3.03 – A judge shall maintain

Subjudice) order and proper decorum in the
courts.
Judges must not use or permit the use
of any undignified/self-laudatory Rule 3.04 – A judge should be patient,
statement regarding their qualifications attentive, and courteous to lawyers,
or legal services. especially the inexperienced, to
litigants, witnesses, and others
A judge must not allow anyone to ride appearing before the court. A judge
on his prestige. He should not create should avoid unconsciously falling into
the impression that someone or some the attitude of mind that the litigants
people are so close to him to enjoy his are made for the courts, instead of the
favor. courts for the litigants.

CANON 3 Conduct of trial must not be attended

with fanfare and publicity; not permit
CANON 3 – A judge should perform pictures or broadcasting.
official duties honestly, and with Must use temperate language; should
impartiality and diligence. not make insulting remarks.
Rule 3.05 – A judge shall dispose of
ADJUDICATIVE RESPONSIBILITIES the court’s business promptly and
decide cases within the required
Rule 3.01 – A judge shall be faithful to periods.
the law and maintain professional
competence. Rule 3.06 – While a judge may, to
promote justice, prevent waste of time
Judge should be conversant with the or clear up some obscurity, properly
law and its amendments. intervene in the presentation of
evidence during the trial, it should
Rule 3.02 – In every case, a judge always be borne in mind that undue
shall endeavor diligently to ascertain interference may prevent the proper
the facts and the applicable law presentation of the cause of the
unswayed by partisan interest, public ascertainment of the truth.
opinion or fear of criticism.
Rule 3.07 – A judge should abstain
Finding of facts must be based not on from making public comments on any
the personal knowledge of the judge pending or impending case and should
but upon the evidence presented. require similar restraint on the part of
court personnel.
If the personal view of the judge
contradicts the applicable doctrine Judge should take notes and rely on
promulgated by the Supreme Court, transcripts.
nonetheless, he should decide the
case in accordance with that doctrine Judge is not excused if stenographer
and not in accordance with his is overloaded. He is excused for delay
personal views. He is however not on grounds of multifarious motions;
prohibited from stating his own opinion appellate court enjoins judge from
on the matter if he wants to invite further proceeding; heavy caseload.
constructive attention thereto.

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ADMINISTRATIVE May not summarily suspend a lawyer

RESPONSIBILITIES for indirect contempt.

Rule 3.08 – A judge should diligently Judge has the power to appoint, but
discharge administrative the power to dismiss court employees
responsibilities, maintain professional is vested in the Supreme Court.
competence in court managements, If knowingly nominate or appoint to
and facilitate the performance of the any public office any person lacking
administrative functions of other the legal qualification therefor, shall be
judges and court personnel. guilty of unlawful appointment
punishable with imprisonment and fine
Rule 3.09 – A judge should organize (Art 244, RPC).
and supervise the court personnel to
ensure the prompt and efficient
dispatch of business, and require at all DISQUALIFICATIONS
times the observance of high
standards of public service and fidelity. Rule 3.12 – A judge should take no
part in proceeding where the judge’s
Rule 3.10 – A judge should take or impartiality might reasonably be
inititate appropriate disciplinary questioned. These cases include,
measures against lawyers or court among others, proceedings where;
personnel for unprofessional conduct
of which the judge may have become a. the judge has personal
aware. knowledge of disputed
evidentiary facts concerning the
Rule 3.11 – A judge should appoint proceeding;
commissioners, receivers, trustees,
guardians, administrators and others b. the judge served as executor,
strictly on the basis of merit and administrator, guardian, trustee
qualifications, avoiding nepotism, and or lawyer in the case or matters
favoritism. Unless otherwise allowed in controversy, or a former
by law, the same criteria should be associate of the judge served
observed in recommending as counsel during their
appointment of court personnel. association, or the judge or
Where the payment of compensation lawyer was a material witness
is allowed, it should be reasonable and therein;
commensurate with the fair value of
services rendered. c. the judge’s ruling in a lower
court is subject of review;
Ascertain that the records of all cases
are properly kept and managed. d. the judge is related by
consanguinity or affinity to a
Maintain a checklist on the cases party litigant within the 6th
submitted for decision with a view to degree or to counsel within the
know exactly the specific deadlines for 4th degree;
the resolution/decision of the said
cases. e. the judge knows that the judge’s
spouse or child has a financial
Loss of records: gross negligence interest, as heir, legatee,
Should be a good manager. creditor, fiduciary, or otherwise,

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in the subject matter in Rule 4.01 – A judge may, to the extent

controversy or in a party to the that the following activities do not
proceeding, or any other impair the performance of judicial
interest that could be duties or case doubt on the judge’s
substantially affected by the impartiality:
outcome of the proceeding.
a. speak, write, lecture, teach or
In every instance the judge shall participate in activities
indicate the legal reason for inhibition. concerning the law, the legal
system and the administration
Petition to disqualify judge must be of justice;
filed before rendition of judgment by b. appear at a public hearing
the judge; can’t be raised first time on before a legislative or
appeal. executive body on matters
concerning the law, the legal
If a judge denies petition for system or the administration of
disqualification, the ultimate test: is justice and otherwise consult
whether or not the complaint was with them on matters
deprived of a fair and impartial trial. concerning the administration
of justice;
Remedy: seek new trial. c. serve on any organization
devoted to the improvement of
the law, the legal system or
REMITTAL OF DISQUALIFICATION the administration of justice.

Rule 3.13 – A judge disqualified by the Decision to engage in these activities

terms of Rule 3.12 may, instead of depends upon the sound judgement of
withdrawing from the proceeding, the judge.
disclose on the record the basis of
disqualification. If, based on such If has not enough time to spare (such
disclosure, the parties and lawyers as when caseload is too heavy)
independently of the judge’s prudence dictates, he must
participation, all agree in writing that concentrate on his judicial duties.
the reason for the inhibition is
immaterial or insubstantial, the judge If a judge has time to spare, the best
may then participate in the proceeding. attitude to take is to participate in
The agreement, signed by all parties activities which are closely related to
and lawyers, shall be incorporated in the performance of his duties and
the record of the proceeding. which do not consume much of his
time and energy.

CANON 4
CANON 5
CANON 4 – A judge may, with due
regard to official duties, engage in CANON 5 – A judge should regulate
activities to improve the law, the legal extra-judicial activities to minimize the
system and the administration of risk of conflict with judicial activities.
justice.

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VOCATIONAL, CIVIC AND

CHARITABLE ACTIVITIES Rule 5.04 – A judge or any, immediate
member of the family, shall not accept
Rule 5.01 – A judge may engage in a gift, bequest, favor or loan from
the following activities provided that anyone except as may be allowed by
they do not interfere with the law.
performance of judicial duties or
detract from the dignity of the courts: Rule 5.05 – No information acquired in
a judicial capacity shall be used or
a. write, lecture, teach and speak disclosed by a judge in any financial
on non-legal subjects; dealing or for any other purpose not
b. engage in the arts, sports, and related to judicial activities.
other special recreational
activities; Prohibitions under the Revised
c. participate in civic and Penal Code:
charitable activities;
d. serve as an officer, director, Art 215. Prohibited Transaction. The
trustee, or non-legal advisor of a penalty of prision correccional in its
non-profit or non-political, minimum period or a fine ranging from
educational, religious, P200 to P1000 or both, shall be
charitable, fraternal, or civic imposed upon any appointive public
organization. officer who, during his incumbency,
shall directly or indirectly become
If they opt to engage in such activities, interested in any transaction of
they must learn how to manage their exchange or speculation within the
time in such manner that their judicial territory subject to his jurisdiction.
responsibilities do not falter and suffer.
Art 216. Possession of prohibited
FINANCIAL ACTIVITIES interest by a public officer. The penalty
of arresto mayor in its medium period
Rule 5.02 – A judge shall refrain from to prision correccional in its minimum
financial and business dealings that period, or a fine ranging from P200 to
tends to reflect adversely on the P1000, or both, shall be imposed upon
court’s impartiality, interfere with the a public officer who directly and
proper performance of judicial indirectly, shall become interested in
activities, or increase involvements any contract or business which it is his
with lawyers or persons likely to come official duty to intervene.
before the court. A judge should so
manage investments and other Sec 3. Corrupt practices of public
financial interests as to minimize the officers. In addition to acts or
number of cases giving grounds for omissions of public officers already
disqualification. penalized by existing law, the following
shall constitute corrupt practices of any
Rule 5.03 – Subject to the provisions public officer and are hereby declared
of the proceeding rule, a judge may to be unlawful:
hold and manage investments but XXX
should not serve as an officer, director,
manager, advisor, or employee of any (h) Directly or indirectly having
business except as director of a family financial or pecuniary interest in any
business of the judge. business, or contract or transaction in

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connection with which here intervenes Not engage in notarial work.

or takes part in his official capacity or
in which he is prohibited by the Exception: “Notaries public ex-oficio”
Constitution or by any law from having – may engage only in notarization of
any interest, (Sec. 3(h), RA 3019) documents connected with the
exercise of their official functions.
General Rule: Avoid taking or Provided, all notarial fees on account
receiving loans from litigants. of the government and certification
Exception (AGCPA): Unsolicited gifts attesting to lack of any lawyer or
or presents of small value offered or Notary Public.
given as a mere ordinary token of Sworn statement of assets and
gratitude or friendship according to liabilities including statement of
local custom or usage. amounts and services of income, the
amount of personal and family
FIDUCIARY ACTIVITIES expenses and the amount of income
tax is paid for the next preceding
Rule 5.06 – A judge should not serve calendar year.
as the execution administrator, trustee,
guardian, or other fiduciary, except for FINANCIAL DISCLOSURE
the estate, trust, or person of a
member of the immediate family and Rule 5.08 – A judge shall make full
then only if such service will not financial disclosure as required by law.
interfere with the proper performance
of judicial duties. “member of EXTRA-JUDICIAL APPOINTMENTS
immediate family” shall be limited to
the spouse and relatives within the Rule 5.09 – A judge shall not accept
second degree of consanguinity. As a appointment or designation to any
family fiduciary, a judge shall not: agency performing quasi-judicial or
administrative functions.
a. serve in proceedings that might
come before the court of said POLITICAL ACTIVITIES
judge; or
b. act as such contrary to Rule Rule 5.10 – A judge is entitled to
5.02 to 5.05 entertain personal views on political
questions. But to avoid suspicion of
PRACTICE OF LAW AND OTHER political partisanship, a judge shall not
PROFESSION make political speeches, contribute to
party funds, publicly endorse
Rule 5.07 – A judge shall not engage candidates for political office or
in the private practice of law. Unless participate in other partisan political
prohibited by the Constitution or law, a activities.
judge may engage in the practice of
any other profession provided that COMPLIANCE WITH THE CODE OF
such practice will not conflict or tend to JUDICIAL CONDUCT
conflict with judicial functions.
All judges shall strictly comply with this
Includes preparation of pleadings or code
papers in anticipation of litigation, and
giving of legal advice to clients or
persons needing the same.

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DATE OF EFFECTIVITY Taking advantage of his position to

boost his candidacy amounts to gross
This code, promulgated on 5 misconduct.
September 1989, shall take effect on
20 October 1989. Cannot serve as officers or advisers of
political groups.
An administrative case against a judge Criminal Liabilities of Judges
is not necessarily dismissed by the
withdrawal by or desistance of the Malfeasance under the RPC:
complainant. Knowingly Rendering Unjust Judgment
(Art. 204, RPC)
Retirement, resignation or promotion
of a judge does not necessarily render The elements are:
moot and academic all the cases
against him.  that the officer is a judge;
 that he renders judgment in a
Civil Liabilities Re Official case submitted to him for
Functions: decision;
obstructs, defeats, violates or in any  that the judgment is unjust;
manner impedes or impairs the civil  the judge knows that his
rights. judgment is unjust.
 Judgment Rendered Through
Willful or negligent rendition of a Negligence (Art. 205, RPC)
decision which causes damages to
another The elements are:

For damages: rendering/neglecting to  that the offender is a judge;

decide a case causing loss to a party.  that he renders judgment in a
Civil Code Disabilities: case submitted to him for
Rule: Can’t purchase properties decision
subject of litigation is his court.  that the judgment is manifestly
unjust;
Exception: Does not apply where the  that is due to his inexcusable
subject property was not acquired from negligence or ignorance.
any of the parties to the case, nor will it
apply when the litigation is already
finished. Notaries Public

But… while in a technical sense, the Powers and Duties of a Notary

judge may not have acquired the Public
property in litigation in a case before Section 241 of the Revised
him, nevertheless, it is improper for Administrative Act enumerates the
him to have done so under the canons General Powers of a Notary Public:
of judicial ethics.
 To administer all oaths and
Donations made to a judge by reason affirmations provided for by law:
of his office are void.  in all matters incident to his
notarial office;
 in the execution of:
- affidavits

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- depositions EXTENSIVE with said city. Circular 8

- other documents requiring of 1985 however, clarified further that
an oath the notary public may be
commissioned for the same term only
 To receive proof or by one court within the Metro Manila
acknowledgment of all writings region.
relating to commerce, such as
Q: Must a Notary Public always be a
ships, vessels or boats: LAWYER?
A: General Rule: Only those admitted
a. Bills of Exchange to the practice of law are qualified to
b. Bottomries be notaries public.
c. Mortgages
d. Hypothecations Exception: When there are no
e. charter parties or affreightments persons with the necessary
f. letters of attorney qualifications OR where there are
qualified persons but refuse
land/buildings or interest therein: appointment. In which case, the
a. deeds following persons may be appointed as
b. mortgages notaries:
c. transfers and assignments
d. other writings as are commonly - those who have passed the
provided or acknowledged studies of law in a reputable
before notaries. university
- a clerk or deputy clerk of court
3. To act as magistrate in the writing of for a period of not less than two
affidavits or depositions years

4. To make declarations and certify the Effects of NOTARIZATION

truth thereof under his seal of office, - The notary, in effect, proclaims
concerning all matters done by him in to the world:
virtue of his office. - that all the parties therein
personally appeared before him
The law imposes on the notary public - that they are personally known
two kinds of duties: to him
- execution of formalities required - that they are the same persons
by law; and who executed the instrument
- verification of the capacity and - that he inquired into the
identity of the parties as well as voluntariness of the execution
the legality of the act executed. of the instrument; and
- that they acknowledged
Extent of Jurisdiction of a Notary personally before him that they
Public: voluntarily and freely executed
the same
Under the Notarial Law, the jurisdiction
of a notary public in general, used to 2. Converts a private document into
be CO-EXTENSIVE with the province a public one and renders it admissible
for which he was commissioned; and in court without further proof of its
for the notary public in the City of authenticity. (Joson vs. Baltazar)
Manila, the jurisdiction is CO-

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3. Documents enjoy a presumption

of regularity. It constitutes prima facie
evidence of the facts which give rise to
their execution and of the date of said
execution, but not of the truthfulness of
the statements. The reason for the
former presumption is that the law
assumes that the act which the officer
witnesses and certified to or the date
written by him are not shown to be
false since notaries are public officers.

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