Article 8p. 8

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

business relations or friendships constitute an element in

determining his judicial course.

31. A summary of judicial obligations

A judge's conduct should be above reproach and in the

discharge

of

his

judicial

duties

he

should

be

conscientious,

studious,

thorough, courteous, patient,

punctual, just, impartial, fearless of public clamour, and

regardless of private influence should administer justice

according to law and should deal with the patronage of

the position as a public trust; and he should not allow

outside matters or his private interests to interfere with

the prompt and proper performance of his office.

(Canons of Judicial Ethics, [August 1, 1946])

September 5, 1989

OLD 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.

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