2016 Legal and Judicial Ethics, Q5

Constantino was accused of estafa by Hazel, the wife of Judge Andres, for misappropriating the ring she entrusted to him. Since Judge Andres was present when Hazel handed the ring to Constantino, he was compelled by his wife to testify as a witness for the prosecution in the criminal case. Did the judge commit any violation of the New Code of Judicial Conduct for the Philippine Judiciary? Explain. (5%)

Quick check

Under Canon 4, Section 4 of the New Code of Judicial Conduct, what type of witness testimony is a judge generally prohibited from giving?

What rule governs the general qualification and competency of witnesses, including judges testifying to facts?

May a judge testify as a factual witness in a criminal case pending before another trial court judge?

What must a judge do if called to testify as a material witness in a case assigned to their own court?

Why did Judge Andres not violate the New Code of Judicial Conduct by testifying in his wife's estafa case?

Learn more about these topics

1. Judges as Witnesses
Under Canon 4, Section 4 of the New Code of Judicial Conduct for the Philippine Judiciary, judges are explicitly prohibited from testifying as character witnesses, except when served with a subpoena. However, this restriction does not extend to testifying as a factual eyewitness to a crime or transaction. A judge who possesses direct personal knowledge of relevant facts is a competent witness under Section 22, Rule 130 of the Rules of Court and may testify on factual matters without violating judicial ethics.

2. Eyewitness Competency Principles
Section 22, Rule 130 of the Revised Rules on Evidence provides that all persons who can perceive and, perceiving, can make known their perception to others, may be witnesses. Judges, like any other individuals, are fully competent to testify regarding facts they personally observed prior to or outside of litigation. As long as the judge does not preside over the trial where the testimony is given, testifying to actual factual occurrences does not compromise judicial impartiality or violate the Code of Judicial Conduct.

3. Presiding Officer Disqualification
While a judge may testify as a factual witness in a case tried before another tribunal, Rule 137 of the Rules of Court strictly prohibits a judge from sitting in any case where they are a material witness. A judge cannot act as both the impartial adjudicator and a testifying witness in the exact same proceeding. If a judge is called to testify in a case pending before their own sala, they must immediately recuse themselves from hearing 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