Article 9p. 9

LEGAL AND JUDICIAL ETHICS CODES, CANONS AND RULES

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

EXTRAJUDICIAL 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.

(Code of Judicial Conduct, [September 5, 1989])

A.M. NO. 03-05-01-SC |

ADOPTING THE NEW CODE OF

JUDICIAL CONDUCT FOR THE

PHILIPPINE JUDICIARY

April 27, 2004

WHEREAS, 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 Justice

Reynato 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;

© Compiled By RGL

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