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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Judge Valencia, an RTC judge in a provincial city, is the founder and sole owner of VALENCIA HARDWARE, INC., a private company that manufactures and supplies construction materials to local government projects. He does not participate in day-to-day management but sits on the board and receives dividends. The company has not been a party to any case in Judge Valencia’s court. A civil action has been filed in Judge Valencia’s court against VALENCIA HARDWARE, INC. for defective cement supplied to a city infrastructure project. A cousin of Judge Valencia serves as counsel for one of the bidders in that local procurement. (a) Under Canon 5, Rules 5.02 and 5.04, is Judge Valencia permitted to retain ownership and board membership in VALENCIA HARDWARE, INC. while serving as a judge? Explain briefly. (b) If a case involving VALENCIA HARDWARE, INC. is assigned to Judge Valencia’s court, what is the proper action under these rules? (c) If Judge Valencia refuses to divest or abstain, what consequences or sanctions may follow under the same provisions?

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Clara

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