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contains
the full text of
Code
of Judicial Conduct
CODE OF JUDICIAL CONDUCT
PREAMBLE
chanrobles virtuallaw libraryred
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.cralaw:red.
CANON 1
A JUDGE SHOULD UPHOLD
THE
INTEGRITY
AND INDEPENDENCE OF THE
JUDICIARY
chanrobles virtuallaw libraryred
RULE
1.01 - A judge should be the embodiment of competence, integrity and
independence.chanrobles virtualawlibrary
RULE 1.02 - A judge should administer
justice impartially and without delay.chanrobles virtualawlibrary
RULE 1.03. - A judge should
be vigilant against any attempt to subvert the independence of the
judiciary
and should forthwith resist any pressure from whatever source intended
to influence the performance of official functions.
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.chanrobles virtuallaw libraryred
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 should
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 or 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.
DISQUALIFICATION
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:chanroblesvirtuallawlibrary
(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 matter 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
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.cralaw:red.
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, bases on such
disclosure, the parties and lawyers independently of 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 5
A JUDGE SHOULD REGULATE
EXTRA-JUDICIAL
ACTIVITIES TO MINIMIZE THE
RISK
OF CONFLICT WITH JUDICIAL
DUTIES
ADVOCATIONAL, 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:chanroblesvirtuallawlibrary
(a) write, 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
ACTIVITIESchanrobles virtuallaw libraryred
RULE
5.02 - A judge shall refrain from financial and business dealing 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 disqualifications.
RULE 5.03 - Subject to the provisions
of the proceeding rule, a judge may hold and manage investments but
should
not serve as officer, director, manager or advisor, or employee of any
business except as director of a family business of the judge.chanrobles virtualawlibrary
RULE 5.04 - A judge or any
immediate member of the family shall not accept a gift, bequest, factor
or loan from any one except as may be allowed by law.
RULE 5.05 - No information
acquired in a judicial capacity shall be sued 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, trusts, 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,
a judge shall not:chanroblesvirtuallawlibrary
(a) serve in
proceedings
that might come before the court of said judge; or(b) 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.chanrobles virtualawlibrary
RULE 5.09 - A judge shall not
accept appointment or designation to any agency performing
quasi-judicial
or administrative functions.cralaw:red.
POLITICAL ACTIVITIES
chanrobles virtuallaw libraryred
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.chanrobles virtualawlibrary
COMPLIANCE WITH THE
CODE OF JUDICIAL CONDUCTchanrobles virtuallaw libraryred
All judges shall strictly comply
with this Code.cralaw:red.
DATE OF EFFECTIVITY
This
Code, promulgated on 5 September 1989, shall take effect on 20 October
1989
.
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