CODE
OF JUDICIAL CONDUCT
PREAMBLE
An
honorable, competent and independent judiciary exists to administer
justice and thus promote the unity of the country, the stability
of government, and the well-being of the people.
CANON
1
A JUDGE SHOULD UPHOLD THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY.
RULE
1.01. A judge should be the embodiment of competence, integrity,
and independence.
RULE
1.02. A judge should administer justice impartially and without
delay.
RULE
1.03. A judge should be vigilant against any attempt to subvert
the independence of the judiciary and resist any pressure from
whatever source.
CANON
2
A JUDGE SHOULD AVOID IMPROPRIETY AND THE APPEARANCE OF IMPROPRIETY
IN ALL ACTIVITIES
RULE
2.01. A Judge should so behave at all times as to promote public
confidence in the integrity and impartiality of the judiciary.
RULE
2.02. A judge should not seek publicity for personal vainglory.
RULE
2.03. A judge shall not allow family, social, or other relationships
to influence judicial conduct or judgment. The prestige of judicial
office shall not be used or lent to advance the private interests
of others, nor convey or permit others to convey the impression
that they are in a special position to influence the judge.
RULE
2.04. A judge shall refrain from influencing in any manner the
outcome of litigation or dispute pending before another court
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 of 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.
DISQUALIFICATIONS
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 matters in controversy, or a former associate
of the judge served as counsel during their association, or the
judge or lawyer was a material witness therein;
c)
the 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 that 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, based on such disclosure, the parties
and lawyers independently of the 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
4
A JUDGE MAY, WITH DUE REGARD TO OFFICIAL DUTIES, ENGAGE IN ACTIVITIES
TO IMPROVE THE LAW, THE LEGAL SYSTEM AND THE ADMINISTRATION OF
JUSTICE.
RULE
4.01. A judge may, to the extent that the following activities
do not impair the performance of judicial duties or cast doubt
on the judge's impartiality:
(a)
speak, write, lecture, teach or participate in activities concerning
the law, the legal system and the administration of justice;
(b)
appear at a public hearing before a legislative or executive body
on matters concerning the law, the legal system or the administration
of justice and otherwise consult with them on matters concerning
the administration of justice.
(c)
serve on any organization devoted to the improvement of the law,
the legal system or the administration of justice.
CANON
5
A JUDGE SHOULD REGULATE EXTRA-JUDICIAL ACTIVITIES TO MINIMIZE
THE RISK OF CONFLICT WITH JUDICIAL DUTIES.
A VOCATIONAL, CIVIC AND CHARITABLE ACTIVITIES
RULE
5.01. A judge may engage in the following activities provided
that they do not interfere with the performance of judicial duties
or detract from the dignity of the court:
(a)
write, lecture, 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
RULE
5.02. A judge shall refrain from financial and business dealings
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
disqualification.
RULE
5.03. Subject to the provisions of the proceeding rule, a judge
may hold and manage investments but should not serve as an officer,
director, manager, advisor, or employee of any business except
as director of a family business of the judge.
RULE
5.04. A judge or any immediate member of the family shall not
accept a gift, bequest, favor or loan from anyone except as may
be allowed by law.
RULE
5.05. No information acquired 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 activities.
FIDUCIARY
ACTIVITIES
RULE
5.06. A judge should not serve as the executor, administrator,
trustee, guardian, or other fiduciary, except for the estate,
trust, 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 fiduciary, a judge shall not:
(1)
serve in proceedings that might come before the court of said
judge; or
(2)
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.
EXTRA-JUDICIAL
APPOINTMENTS
RULE
5.09. A judge shall not accept appointment or designation to any
agency performing quasi -judicial or administrative functions.
POLITICAL
ACTIVITIES
RULE
5.10. A judge is entitled to entertain personal views on political
questions. But to avoid suspicion of political partisanship, a
judge shall not make political speeches, contribute to party funds,
publicly endorse candidates for political office or participate
in other partisan political activities.
COMPLIANCE
WITH THE CODE OF JUDICIAL CONDUCT
All
judges shall strictly comply with this code.
DATE
OF EFFECTIVITY
This Code, promulgated on 5 September 1989, shall take effect
on 20 October 1989.
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