2010 Legal and Judicial Ethics, Q12

Rebecca’s complaint was raffled to the sala of Judge A. Rebecca is a daughter of Judge A’s wife by a previous marriage. This is known to the defendant who does not, however, file a motion to inhibit the Judge.
Is the Judge justified in not inhibiting himself from the case? (3%)

Quick check

Is a judge compulsorily disqualified from presiding over a case filed by his stepdaughter?

Under Rule 137 of the Rules of Court, up to what degree of affinity or consanguinity is a judge compulsorily disqualified?

Does a party's failure to file a motion to inhibit waive a judge's compulsory disqualification?

What is the legal nature of a judge's relationship to his wife's daughter by a previous marriage?

Choices available with full access.

What action must a judge take motu proprio when a case raffled to his sala involves a party within the prohibited degree of affinity?

Choices available with full access.

Unlock the full Remedial Law answers

Learn more about these topics

1. Compulsory Judicial Disqualification
Under Rule 137, Section 1 of the Rules of Court, a judge is automatically and compulsorily disqualified from sitting in any case in which the judge is related to either party within the sixth degree of consanguinity or affinity. The rule is mandatory and leaves no discretion to the presiding judge. The purpose of compulsory disqualification is to preserve absolute impartiality, maintain public confidence in the judicial system, and prevent any suspicion of bias or favor toward a relative.

2. Affinity Degree Relationship
Affinity is the legal relationship produced by marriage between each of the married persons and the kindred of the other spouse. A stepdaughter is a child of one's spouse by a prior marriage, creating a legal relationship by affinity in the first degree. Because the first degree of affinity falls well within the prohibited sixth degree established by procedural rules, a judge cannot preside over a civil action brought by a stepdaughter, regardless of personal fairness.

3. Written Waiver Rule
Compulsory disqualification under Rule 137 cannot be waived by a party's mere silence, inaction, or failure to file a formal motion to inhibit. To effectuate a valid waiver of a judge's mandatory disqualification, the law requires the express written consent of all parties in interest, signed by them and entered upon the court record. In the absence of a signed written waiver, the judge is legally bound to recuse himself motu proprio from continuing to preside over the case.

About these questions and answers
The questions reproduced here are the official texts of the Philippine Bar Examinations, published by the Supreme Court. They are reproduced for study purposes.The suggested answers are the author’s own.

They are not official answers, have no connection with the Supreme Court, the Office of the Bar Confidant, or any bar review institution, and are not endorsed by any of them. Official answer keys, where released, should be preferred over anything here.Nothing on this page is legal advice, and reading it creates no lawyer-client relationship. Do not rely on any suggested answer in an actual legal matter. Consult counsel on your own facts.Suggested answers reflect the law and jurisprudence the author considers applicable as of the date shown.

Where a question comes from an earlier examination, the suggested answer applies the law as it now stands, which may differ from the law in force when the question was given, and may therefore differ from what would have been the correct answer at that time. Where the difference is material, the answer notes it.The practice scoring feature measures wording overlap with the suggested answer. It is not a grade, carries no official weight, and says nothing about whether your reasoning is sound.Errors are possible. If you find one, please tell me and I will correct it.Last reviewed: October 2026