The New Code of Judicial Conduct for the Philippine Judiciary superseded the Canons
of Judicial Ethics and Code of Judicial Conduct but only limited to the concepts that are
embodied in the New Code. These provisions include wide statements which serve as a
guide to Justices and Judges as to their conduct in or out of the court. 1
CANON 5 A judge should regulate extra-judicial activities to minimize the risk of
conflict with judicial activities.
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 courts:
1. a.
write, lecture, teach and speak on non-legal subjects;
2. b.
engage in the arts, sports, and other special recreational activities;
3. c.
participate in civic and charitable activities;
4. 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.
Note: To able to engage in such activities, they must learn to manage their time in a way
their responsibilities will not be prejudiced.
FINANCIAL ACTIVITIES
Rule 5.02 A judge shall refrain from financial and business dealings that tends to
reflect adversely on the courts impartiality, interfere with the proper performance of
judicial activities, or increase involvements 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.
1 Chang, Julie Ann V. The Bench: How to Keep from Falling from Grace. A critique of
Jabon V. Judge Usman
Prohibitions under the Revised Penal Code:
Art 215. Prohibited Transaction. The penalty of prision correccional in its minimum
period or a fine ranging from P200 to P1000 or both, shall be imposed upon any
appointive public officer who, during his incumbency, shall directly or indirectly become
interested in any transaction of exchange or speculation within the territory subject to
his jurisdiction.
Art 216. Possession of prohibited interest by a public officer. The penalty of arresto
mayor in its medium period to prision correccional in its minimum period, or a fine
ranging from P200 to P1000, or both, shall be imposed upon a public officer who
directly and indirectly, shall become interested in any contract or business which it is his
official duty to intervene.
Sec 3. Corrupt practices of public officers. In addition to acts or omissions of
public officers already penalized by existing law, the following shall constitute
corrupt practices of any public officer and are hereby declared to be unlawful:
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(h) Directly or indirectly having financial or pecuniary interest in any business, or
contract or transaction in connection with which here intervenes or takes part in his
official capacity or in which he is prohibited by the Constitution or by any law from
having any interest, (Sec. 3(h), RA 3019)
General Rule: Avoid taking or receiving loans from litigants.
Exception (AGCPA): Unsolicited gifts or presents of small value offered or given as a
mere ordinary token of gratitude or friendship according to local custom or usage.
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:
(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.
Fiduciary Activities
General Rule: The judge should not serve as the (a) executor, (b) administrator, (c)
trustee, (d) guardian
Exception: when the estate, trust, ward, or person for whom he will act as executor,
administrator, trustee, guardian or fiduciary is a member of the immediate family
provided that the judges services as fiduciary shall not interfere with the performance of
his judicial functions.
Note: The relationship is by CONSANGUINITY.
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.
Practice of law and other profession
RULE 5.08 - A judge shall make full financial disclosure as required by law.
RULE 5.09 - A judge shall not accept appointment or designation to any agency
performing quasi-judicial or administrative functions.
Financial Disclosure
The prohibition is based on Section 12, Art VIII of the Constitution which provides: The
members of the Supreme Court and of other courts established by law shall not be
designated to any agency performing quasi-judicial or administrative functions.
The reason behind this is because the appointment to such positions will possibly
obstruct with the performance of the judicial functions of a judge.
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.
Political Activities
