The lawyer of an accused filed a motion to inhibit, alleging as ground that the judge was the cousin of the private complainant, which is within the fourth degree of consanguinity. Should the judge inhibit? Explain briefly.
Suggested answer only. Not an official answer and not legal advice.
Yes, the judge should inhibit from sitting in the case. Under Section 1, Rule 137 of the Rules of Court and Section 5(f), Canon 3 of the New Code of Judicial Conduct, a judge
Unlock the full Remedial Law answers365 days of full access. GCash, Maya and card accepted.
This is not an official scoring system and carries no weight with the Supreme Court or any bar review provider. It measures how much of the suggested answer's wording your response covers, not whether your reasoning is correct. For practice only.
Quick check
Under Section 1, Rule 137 of the Rules of Court, up to what degree of relationship is a judge mandatorily disqualified from sitting in a case?
Rule 137 provides that a judge is mandatorily disqualified if related to a party within the sixth degree of consanguinity or affinity.
What degree of consanguinity exists between a judge and his or her first cousin?
First cousins are related within the fourth degree of consanguinity in civil law computation.
How does compulsory disqualification under Rule 137 differ from voluntary inhibition?
Compulsory disqualification is mandatory and leaves the judge no discretion when the disqualifying relationship exists.
Under Canon 3, Section 5 of the New Code of Judicial Conduct, what is the primary rationale for judicial disqualification?
Choices available with full access.
If a judge is related to the private complainant in a criminal case within the fourth degree of consanguinity, what action must the judge take?
Choices available with full access.
Learn more about these topics
1. Judicial Disqualification
Under Section 1, Rule 137 of the Rules of Court, a judge is mandatorily disqualified from sitting in any case where he or she is related to either party, or to counsel, within the sixth degree of consanguinity or affinity. Compulsory disqualification is grounded on public policy to preserve the integrity, impartiality, and independence of the judiciary. Unlike voluntary inhibition, compulsory disqualification leaves the judge with no discretion; upon establishment of the prohibited degree of relationship, the judge is completely barred from hearing, sitting in, or presiding over any stage of the proceeding.
2. Judicial Conduct Code
The New Code of Judicial Conduct for the Philippine Judiciary under Canon 3, Section 5 reinforces compulsory disqualification by mandating that judges shall disqualify themselves from participating in any proceedings in which they are unable to decide the matter impartially or in which it may appear to a reasonable observer that they are unable to decide the matter impartially. A relationship by consanguinity or affinity within the sixth civil degree to a party litigant automatically destroys the appearance of judicial impartiality and requires immediate recusal without waiting for a party's motion.
3. Consanguinity Degrees
In civil law and judicial procedure, degrees of consanguinity are computed by counting the generations ascending from one relative to the common ancestor and then descending to the other relative. First cousins are related to each other in the fourth degree of consanguinity, as they share common grandparents. Because the fourth civil degree falls well within the prohibited sixth civil degree established under Rule 137, a judge whose first cousin is the private complainant in a criminal prosecution is legally disqualified from presiding over the case.