Practice question
A judge is related to a party litigant within the fifth civil degree. There is no written consent or claimed exception. The judge argues that the kinship rule reaches only relatives within the fourth degree because that is the rule for counsel. Which is correct?
- The judge is correct because parties and counsel have the same stated degree
- Only relatives in the same household matter
- The party’s financial condition determines the degree
- Kinship never matters in judicial inhibition
- The mandatory ground for party litigants extends within the sixth civil degree, distinct from the fourth-degree ground for counsel
Legal references
- https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/11/100836 — 2025 CJCA, Canon III, Sections 2 and 9–13.
- https://lawphil.net/courts/rules/rc_137_judicial.html — Rule 137, Sections 1–2, judicial disqualification.
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