2020-21 Procedure and Professional Ethics, Q15

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.

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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?

What degree of consanguinity exists between a judge and his or her first cousin?

How does compulsory disqualification under Rule 137 differ from voluntary inhibition?

Under Canon 3, Section 5 of the New Code of Judicial Conduct, what is the primary rationale for judicial disqualification?

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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?

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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.

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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.

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