1. add notes…
MANDATORY CONTINUING LEGAL EDUCATION (MCLE)
All members of the shall complete a mandatory continuing legal education.
It is conducted every 3 years for at least 36 hours.
Composed of 5 members:
Chairman is a retired Justice of the SC
4 members nomitated by:
IBP
Phil. Judicial Academy
Law Center designated by the SC
Associations of law school and professors.
EXEMPTED FROM MCLE:
1. The President, VP and Secretaries and Undersecretaries of the executive
Departments
2. Senators and Members of the House of Representatives.
3. The Chief justice and associate justices of the SC, incumbent and retired
justices of the judiciary, incumbent members of the JBC, Incumbent Court
lawyers covered by the PhilJA program of continuing education
4. The chief State Counsel, The Chief State Prosecutor and Assistant
Secretaries of the DOJ
5. The Solicitor General and the Assistant SolGen
6. The Government corporate Counsel, Deputy and assistant Government
Corporate Counsel
7. The chairman and Members of the constitutional commissions
8. Ombudsman, Overall Deputy Ombudsman, Deputy Ombudsman and the
Special Prosecutor of the Office of the Ombudsman
9. Heads of Government Agencies exercising quasi-judicial functions
10.Incumbent deans, bar reviewers, professors of law who have teaching
experience for the last 10 years in accredited school
11.Chancellor, Vice-chancellor and members of the Corps of Professional
Lecturers of the PhilJA
12.Governors and mayors
13.Those who are not in law practive, private or public
14.Those who have retired from the practice of law with approval from the
IBPboard of Governors

2. CONSTITUTIONAL COMMISSIONS
1. Civil Service Commission
2. COMELEC
3. COA
4. Commission on Human Rights
DEPARTMENTS EXERCISING QUASI-JUDICIAL FUNCTIONS
An administrative agency is a body of government created by a legislature and
charged with supervision and regulation of a particular area of governmental
concern. Part of the regulatory power given to an administrative agency is the
power of adjudication.
Quasi-judicial activity is limited to the issues that concern the particular
administrative agency
Example is the NLRC
Judicial and Bar Council (JBC)
Recommends appointees to the vacant positions in the SC and lower
courts. Appointed by the president for 4 years, they need consent from CA
COMPOSITION:
1. Chief Justice ex-oficio chairman
2. Secretary of Justice ex-oficio member
3. Representative from Congress ex-oficio member
4. Representative from the IBP
5. Representative from the Private Sector
6. Professor of Law
7. Retired SC Justice
DEFINITIONS:
Jurats
Refersto sworn statements or affidavits
Acknowledgment
Refers to transfers or conveyance of title from one person to another
Chief State Counsel
Refers to cases civil in matter
Chief State Prosecutor
Refers to criminal cases

3. JUDICIAL ETHICS
The branch of moral science which treats the rights and duties of
members of the judiciary in his or her dealings with the court, the bar and bench,
court employees and the public and community at large.
QUALIFICATIONS :
1. SUPREME COURT AND COURT OF APPEALS
1. Natural- born Citizen
2. At least 40 years of age
3. at least 15 years of experience as a Judge of Lower Courts or engaged
in the practice of law
4. Of proven competence, integrity, probity and independence
2. JUDGES OF RTC
1. Natural- born Citizen
2. At least 35 years of age
3. at least 10 years of engaged in the practice of law or held a public
office in the Philippines requiring for its admission being a member of
the bar as an indispensable requisite.
3. JUDGES OF MUNIIPAL CIRCUIT COURT (MCC)
1. Natural- born Citizen
2. At least 30 years of age
3. at least 5 years of engaged in the practice of law or held a public office
in the Philippines requiring for its admission being a member of the bar
as an indispensable requisite.
SOURCES OF THE CODE OF JUDICIAL CONDUCT:
1. Canons of Judicial Ethic
2. American Bar Association’s Code of Judicial Conduct
3. 1987 Constitution
4. Rules of Courts
5. Special Laws
6. Jurisprudence
7. Supreme Court Circulars and Orders
CANONS OF JUDICIAL ETHIC
(i3PEC)
1. INDEPENDENCE
2. INTEGRITY
3. IMPARTIALITY
4. PROPRIETY
5. EQUALITY
6. COMPETENCE AND DILIGENCE

4. CODE OF JUDICIAL CONDUCT
Published last April 27, 2004, this serves as the guide for judges in the
conduct of their functions as well as in their private lives in general. Violations of
the canons contained in the code allows Supreme Court to sanction judges
administratively.
CANON 1. INDEPENDENCE
1. Exercise judicial functions independently on the basis of their facts
and
understanding of the law, free from influence, inducement, pressure
and
threat.
2. Independent from judicial colleagues in respect to their decisions
3. Refrain from influencing in any manner the outcome of case or
dispute pending in another court.
4. Not allow family relations to influence judgment
5. Free from relations with executive and legislative branches of
government.
6. Independent in relation to society in general and in parties to a
dispute which he is assigned to decide on.
7. Encourage and uphold safeguards for discharge of duties to
maintain independence
8. Exhibit and promote high standards of conduct to reinforce public
confidence.
_____________________________________________________________
NOTES:
1. This requires judges to ignore public opinions and comments of issues for
or against a case pending before them.
2. They should be free from all pressures of society in their judicial functions.
3. They cannot consult or interfere with functions of other judges regardless
of jurisdiction when it comes to Judicial Functions.
However, they can interfere and meet with other judges provided:
a. the purpose is merely an academic one and does not involve
surrendering their independence.
b. the function involves administrative functions.

5. 4. A judge should avoid becoming dependent upon other parties, especially if
the party is a public official from another branch of government, for his
basic needs. Mere congeniality may not be unethical, but it may give the
appearance of impropriety.
5. Memberships in organizations and civic organizations are allowed
provided it does not interfere with his judicial duties.
6. The first duty of a judge is to conduct themselves at all times in a manner
that is beyond reproach.
COMMON SOURCES OF PRESSURE:
1. Family members
2. Friends
3. associates
4. Political Leaders
5. Media
6. Militant Groups
COURT STAFF
Includes personal staff of judges such as law clerks
JUDGE
Any person exercising judicial functions, however designated.
JUDGE’S FAMILY
This term refers to a judge’s :
spouse,
children,
in-laws and
other relatives by affinity or consanguinity up to the 6th
civil degree.
It also includes :
companions or employees of the judge living in his household.
If these are parties to a case, inhibition is mandatory.
CLERK OF COURT
This is the custodian of records of the court and maintains the affairs of
the court as delegated by the judge.
If a clerk of court losses records under his custody, he is liable for infidelity
in the custody of documents.

6. IMMUNITY FROM SUIT
Judges cannot be charged civilly or criminally in line with their duty. They
are not liable for any decisions made in the performance of their functions from
the injured or losing party. There is the presumption of regularity in their action
in performing their duty.
However, they may be liable if the have knowingly rendered false
judgment upon a party.
RULES ON PERFORMING NOTARY PUBLIC SERVICES BY A JUDGE:
1. They can perform notary public functions only in ex-oficio capacity, not as
a private notary public.
If in is for jurats, there are no charges. But for acknowledgments, there is a
fund which will be in favor of the court for its upkeep.
2. They can perform NP functions if there are no NP in the area they serve.
CANON 2. INTEGRITY
1. Conduct above reproach, perceived to be so of a reasonable
observer.
2. Behavior and conduct reaffirm people’s faith in the integrity of the
judiciary.
3. Initiate disciplinary measures against lawyers for unprofessional
conduct which judge is aware.
______________________________________________________________
NOTES:
1. MORAL INTEGRITY IS REQUIRED, both in official duties as well as in
private lives.
2. They must render a decision which is free from the appearance of
impropriety and must be beyond reproach.
3. Decisions must be efficient and prompt in the administration of justice as
well as supervisory and administrative functions.
4. Mere acquaintance with other lawyers are allowed, it is FRATERNIZING
that is discouraged.

7. Grounds against professional integrity:
1. Demanding or accepting bribes
2. Fraternizing with litigants or lawyers
3. Delay in Rendering Service
4. Altering Orders
5. Sexual Harassment
6. Ignorance of the Law
7. Flaunting a Mistress
8. Inebriated or intoxicated Behavior
9. Frequenting casinos or cockfighting
10.Not wearing Judicial Robes during a proceeding
CANON 3. IMPARTIALITY
1. To perform judicial duties without favor.
2. Their conduct, in and out of court, must enhance confidence of
public in judiciary.
3. Minimize the occasions which it will be necessary for them to inhibit
in cases
4. Shall not knowingly make any comment that might reasonably affect
the outcome of the case or impair the fairness of the process.
5. To disqualify themselves from participating in any proceedings in
which they are unable to decide on the matter impartially.
Such as:
a. when judge has actual bias or has personal knowledge of
disputed evidentiary facts
b. when judge previously served as a lawyer to a matter in the
controversy or he was a material witness.
c. He has an economic interest in the outcome of the matter in
controversy.
d. He served as executor, administrator, guardian, trustee or
lawyer in the case
e. A former associate of the judge served as a counsel
f. A judge or lawyer was a material witness therein
g. the judge’s ruling in a lower court is subject to review
h. Judge is related by consanguinity or affinity to a party litigant
within 6th
civil degree or to a counsel up to 4th
civil degree.

8. 6. Procedure for withdrawal:
a. Disclose on record basis for disqualification.
b. If all parties agree in writing that such inhibition is immaterial,
he may participate.
c. If, there is objection, he must inhibit.
d. Records of such must be attached to records of proceedings.
Notes:
1. It is the duty of the judge not only to be impartial but to appear impartial
2. They should avoid side remarks, hasty conclusions, loose statements or
gratuitous utterances that suggest they have prejudged the case.
3. They cannot comment on a pending case, especially if comments
indicating that the judge has already formed an opinion as to the outcome
of the case.
GROUNDS WHERE JUDGE SHOULD INHIBIT FROM PARTICIPATION IN A
CASE:
1. He has actual bias or prejudice concerning a party or has personal
knowledge of the facts of the case.
2. He previously served as a lawyer or was a material witness in the case
This includes notarizing documents of a person presented as witness.
3. The judge or his family members has an economic interst in the outcome
of the case
4. The judge served as an executor, administrator, guardian, trustee or
lawyer to a party of a case or his former associate is a lawyer to a party.
5. His ruling in the lower courts is the one subject to review.
6. A litigant is related to him by affinity or consanguinity up to the 6th
civil
degree.
Procedure for withdrawal:
a. Disclose on record basis for disqualification. If all parties agree in
writing that such inhibition is immaterial, he may participate.
b. If, there is objection, he must inhibit.
c. Records of such must be attached to records of proceedings.

9. CANON 4. PROPRIETY
1. Judges should avoid impropriety and such appearance in all
activities.
2. To conduct themselves in a way that is consistent with the dignity of
the judicial office
3. Judges should avoid favoritism or partiality in their personal
relations with members of legal profession.
4. Judges shall not participate in a case where litigant is a family
member, or if such is associated in any way to the case.
5. Judges shall not allow use of residence by any member of legal
profession to receive clients of the latter.
6. To conduct themselves in the exercise of their rights in such a
manner as to preserve the dignity of the judicial office and
impartiality and independence of judiciary .
7. To inform themselves about their personal fiduciary financial interest
and shall make reasonable efforts to be informed about the financial
interest of family members.
8. Shall not use or lend prestige of judicial office to advance personal
and private interest and that of their family members.
9. Confidential information acquired by judges in their official capacity
shall not be used or disclosed for any other purpose in relation to
their duties.
10.subject to proper performance of judicial duties, judges may
participate in activities concerning the law, legal system and related
matters.
a. appear in public hearings in matters related to law
b. other activities if it does not detract them from dignity of the judicial
office
11.Judges shall not practice law while still in office
12.They may form or join associations representing the interest of the
judges.
13.Judges and their family members shall neither ask for nor accept
gifts, loans or favor in connection with the performance of his
judicial duties.

10. 14.Judges shall not knowingly allow employees of the court to accept
similar gifts, loans and such in connection with the performance of
their duties.
15.They may receive gifts, award or benefit as appropriate to the
occasion provided it might not be reasonably be perceived as
intended to influence him in performing his judicial functions. This is
subject to the laws and legal requirements of public disclosure.
________________________________________________________________
Notes:
1. A judge cannot hear cases if he is on leave or on vacation.
2. Even if not substantiated, a judge is liable even for circumstances
were it was enough to give rise to the appearance of impropriety
(Liwanag v. Lustre)
3. Judges should reprimand court staff who makes a comment on a
pending case
4. The use of expletive words are not allowed, ONLY TEMPERATE
language allowed.
5. Prohibited from accepting gifts except during a special occasion
and it must be nominal. Gifts must be commensurate to the
occasion.
TOLERATED ACTIVITIES:
1. Writing, making lectures and participating and teaching in activities
concerning the law and the legal system.
2. Appear before a public hearing on matters pertaining to the law and the
legal system.
3. Engage in other activities provided it does not detract the dignity of the
office or interfere in the performance of judicial functions.
4. Engage in private business but permission from Supreme Court is
required.
5. They may form or join associations of judges or organizations
representing the interest of the judges.

11. INHERENT INCOMPATIBILITY
Judge cannot engage in private practice if they are still holding their
judicial office.
COMPULSORY DISQUALIFICATION
Whenever a party to a litigation is a member of the judges family as
defined in the code, the judge must immediately inhibit or disqualify himself from
court to avoid impartiality and impropriety.
CANON 5. EQUALITY
1. Awareness and understanding of diversity of society, such as race,
color, sex, religion, disability, etc.
2. Shall not manifest bias or prejudice towards persons or group on
irrelevant ground. This is through words or conduct.
3. Appropriate consideration given to all without differentiation on any
irrelevant ground, immaterial to the proper performance of duties.
4. Judges shall not knowingly permit court staff or others subject to
his or her influence, direction or control to differentiate between persons
concerned, on matters before the judge on any irrelevant grounds.
5.Judges shall require lawyers to refrain from manifesting bias or prejudice
based on irrelevant grounds.
________________________________________________________________
1. Purpose is to promote equality in compliance with the required
international human rights agreement.
2. They must ensure equality in treatment to all people before the courts.
3. They should not tolerate misconducts by their personnel
4. To prevent lawyers from abusing witnesses with unfair treatment for
witness have right to be protected from irrelevant, improper or insulting
questions.
5. EQUALITY IN TREATMENT
All persons, regardless of sex, religion, status shall be treated alike in
terms of application of law and its penalties

12. CANON 6. COMPETENCE AND DILIGENCE
1. Judicial duties of a judge takes precedence over all other
activities
2. To devote professional activity to judicial duties, which
includes other tasks relevant to the judicial office.
3. Maintain and enhance their knowledge, skills and personal
qualities necessary for proper performance of judicial duties.
4. Keep themselves informed about relevant developments of
international law.
5. To perform all judicial duties, including delivery of reserved
decisions, efficiently, fairly and with reasonable promptness.
6. Maintain order and decorum in proceedings and be patient,
dignified and courteous in relation to others.
7. shall not engage in conducts incompatible with the diligent
discharge of judicial duties.
________________________________________________________________
1. Judges should not excuse himself from difficult or controversial cases.
2. Service in the judiciary means a continuous study and research on the law
from beginning to end.
3. They must be well informed of the basic legal principles.
The rules of court punishes gross negligence of the law or procedure
as serious charge which is punishable by dismissal from service or
forfeiture of benefits.
4. Habitual tardiness is considered a serious misconduct.
5. Inefficiency, neglect or unreasonable delay in administering justice is
subject to administrative fines.
Neglect includes failure to exert diligence in taking care of records
and documents.
GROSS IGNORANCE OF THE LAW
If there was an incorrect ruling based on a decision made with bad faith,
fraud, dishonesty or a deliberate intent to do injustice.
It may also be considered as thus if the issues of the case are so simple
and the applicable legal principles is evident and basic as to be beyond the
possible margin of error.
BAD FAITH
FRAUD
DISHONESTY
DELIBERATE INTENT TO DO INJUSTICE

13. PRINCIPAL SOURCES OF INTERNATIONAL LAW:
1. General or customary norms
Binding on all states, these are the laws which adopted and
accepted as principles of international law under the Constitution.
2. Conventional norms
Also known as treaty agreement, they require approval of 2/3 of all
members of Congress.
LIABILITIES OF A JUDGE
Generally, a judge is not administratively, civilly or criminally liable when he acts
with his legal powers and jurisdiction. He may not be held for every erroneous
order or decision he renders. This is a matter of public policy.
However, he may be held accountable where his error is :
1. GROSS OR PATENT,
2. MALICIOUS AND DELIBERATE, OR
3. WAS INCURRED WITH EVIDENT BAD FAITH.
CIVIL LIABILITIES:
Mistakes committed by the judge are not actionable without any clear showing
that he was motivated by malice or gross negligence amounting to bad faith. His
erroneous interpretation of the law does not constitute bad faith which may entitle
injured party to seek damages. This is called presumption in good faith.
The immunity does not cover if the judge exceeded his powers.
Good faith consist of the honest intention to abstain from taking
unconscionable and unscrupulous advantage of another.
1. Administrative Code of 1987
a. Public officers cannot be held civilly liable in their functions or performance
of their duties unless there is a clear showing of bad faith, malice or
negligence.
b. Public officers who neglects to perform their duty within a period fixed by
law, regulation or within a reasonable amount of time.
c. A superior officer is liable for acts of his subordinate provided he actually
authorized by written order the specific act or misconduct.
2. Civil Code, Art 27
When a public servant refuses or neglects, without just cause, to perform
his official duty, the person injured may file for damages.

14. 3. Civil Code, Art 32
A public officer is civilly liable for damages made by directly or indirectly
obstructing, defeating, violating or in any manner impeding or impairing the civil
liberties contained in the bill of Rights.
4. All acts made by a judge in his personal capacity, if made in bad faith, is
not covered by the mantle of immunity. He is subjects to the laws like any citizen
in such case.
BAD FAITH connotes:
1. a dishonest purpose, or
2. some moral dishonesty ,and
3. conscious doing of a wrong.
5. R.A. 1379
If any public officer, his spouse and dependents, are found to have
unexplained wealth which is out of proportion in relation to their income,
the State may confiscate property and Solicitor General; may file a civil
action made against them before the Sandiganbayan.
CRIMINAL LIABILITES:
Provisions covered under the RPC
1. Knowingly Rendering Unjust Judgment
a. The judgment was unjust
b. The decision was made with a conscious and deliberate intent to
commit an injustice
2. Judgment Rendered Through Negligence
The judgment must be by reason of inexcusable negligence or ignorance, It
must be shown that although he acted without malice, he failed to observe
diligence, prudence and care in performing his duties.
3. Unjust Interlocutory Order
A court order is interlocutory in character if it is provisional and leaves
substantial proceeding to be had in connection with its subject.
Interlocutory refers to something intervening between the start and the
end of a case which decides at some point or matter but is not a final
decision of the whole controversy.

15. 4. Malicious Delay in the Administration of Justice
1. there must be an unreasonable delay in the disposition of a case
far beyond the period mandated by law.
2. The judge acted with malice or deliberate intent to prejudice a party
in a case.
5. DIRECT BRIBERY
1. That the accused is a public officer
2. He received directly or indirectly some gift, present, promise or reward.
3. That such gift, present, reward or promise was given
a. in consideration of his commission of some crime, or
b. any act not constituting a crime, or
c. to refrain from doing something which is his official duty to do
4. That the crime or act is related to the performance of his functions as a
public officer.
6. INDIRECT BRIBERY
1. The accused is a public officer
2. He accepts a gift
3. The gift is given to him, or he accepts it, by reason of his office
7.Infidelity in the Custody of Documents
1. the offender is a public officer
2. that there is a document abstracted, destroyed or concealed
3. The document abstracted, destroyed or concealed was entrusted to the
public officer in the function of his duties
4. That damage tho the public interest or a third person be caused by such
acts
This includes removal, tampering and profiting from it.

16. 8.Open Disobedience
A judicial officer who shall openly refuse to execute a judgment, decision or
order of a superior authority who is within his jurisdiction and issued with all
the legal formalities.
9.PROLONGING PERFORMANCE OF DUTIES AND POWERS
Any public officer who continues to exercise the duties and powers of his
office, employment or commission, beyond the period provided by law,
regulations or special provisions.
10.Abandonment of office or position
Any public officer who shall abandon his office before the acceptance of his
resignation which:
a. was detrimental to the public service, or
b. was made to evade the discharge of the duties of preventing,
prosecuting or punishing any of the crimes found in :
Title 1 _____________________________________________
Title 3, Chapter 1 _____________________________________________
11.Usurpation of Legislative Powers
A public officer who shall encroach upon the powers of the legislative branch of
the government by :
a. making general rules and regulations beyond the scope of his
authority , or
b. attempting to repeal a law or suspending the execution thereof.
12 USURPATION OF EXECUTIVE FUNCTIONS
1. Any judge who shall assume the powers pertaining to the executive
authorities, or
2. shall obstruct the latter in the lawful exercise of their powers.
3. DISOBEYING REQUEST FOR DISQUALIFICATION
Any public officer who, before the question of jurisdiction is decided, shall
continue any proceeding after having been lawfully required to refrain from doing
so.

17. 13.ABUSE AGAINST CHASTITY
Public officers who shall solicit or make immoral or indecent advances to a
woman interested in matters pending before such officer for a decision., or
with respect to which he is required to submit to or consult with a superior
officer.
14. FALSIFICATION BY PUBLIC OFFICER, EMPLOYEE OR NOTARY OR
ECCLESIASTICAL MINISTER
Public officer who takes advantage of their official position and falsifies a
document through:
1. counterfeit or imitation of handwriting
2. causing to appear that persons have participated in any act or proceeding
when the said person din not in fact participate.
3. attributing to persons who have participated in any act or proceeding
statement other than those in fact made by them
4. making untruthful statements in a narration of facts
5. altering true dates
6. making alteration or intercalation in a genuine document which changes
its meaning
7. issuing in an authenticated form a document purporting to be a copy of an
original document when no such original exist or including in such copy a
statement contrary to, or different from that of the genuine original.
8. intercalating any instruments or notes relative to the issuance thereof of a
protocol, registry or official book.
ELEMENTS:
1. THE ACT WAS COMMITTED BY THE PUBLIC OFFICER WITH GRAVE
ABUSE OF HIS OFFICE
2. MALICIOUS INTENT TO INJURE A THIRD PERSON, AND IN CASES OF
TRUTHFUL STATEMENTS IN A NARRATION OF FACTS, THERE IS A
LEGAL OBLIGATION TO DISCLOSE THE TRUTH.

18. OTHER LIABILITIES:
1. ANTI –GRAFT CASE (RA 3019)
1. Neglecting or refusing, after demand or request and without due
cause, to act within a reasonable time on any matter ending before him
for the purpose of obtaining, directly or indirectly, monetary benefit or
advantage
2. Failure to disclose Statement of Assets, Liabilities and net worth
(SALN)
2.PLUNDER
Accumulation or acquiring ill-gotten wealth amounting to at least P
75,000,000.00