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.
 If they opt to engage in such activities, they must learn how to manage their time in such
manner that their judicial responsibilities do not falter and suffer.
FINANCIAL ACTIVITIES
Rule 5.02 – A judge shall refrain from financial and business dealings that tends to reflect
adversely on the court’s 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.
 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.
FIDUCIARY ACTIVITIES
Rule 5.06 – A judge should not serve as the execution 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. a. serve in proceedings that might come before the court of said judge; or
2. b. act as such contrary to Rule 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.
 Includes preparation of pleadings or papers in anticipation of litigation, and giving of legal
advice to clients or persons needing the same.
 Not engage in notarial work. Exception: “Notaries public ex-oficio” – may engage only in
notarization of documents connected with the exercise of their official functions. Provided, all
notarial fees on account of the government and certification attesting to lack of any lawyer or
Notary Public.
 Sworn statement of assets and liabilities including statement of amounts and services of income,
the amount of personal and family expenses and the amount of income tax is paid for the next
preceding calendar year.
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.