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[ A.M. No. 99-3-33. April 20, 1999]

RE: INHIBITION OF JUDGE GAYDIFREDO T. OCAMPO IN CRIM CASE # 6588.

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated APR 20, 1999.

A.M. No. 99-3-33 (Re: Inhibition of Judge Gaydifredo T. Ocampo in Criminal Case No. 6588.)

In an order dated November 26, 1998, Judge Gaydifredo T. Ocampo of the Municipal Trial Court of Tupi, South Cotabato inhibited himself from hearing and deciding Criminal Case No. 6588 entitled "People of the Philippines v. Vicente L. Trabado, et al.," for perjury. The order is based on "[Judge Ocampo's] privity with both the private complainant and all the accused as fellow workers in the municipal government" which makes him believe that he cannot decide the case without his impartiality being doubted.

Judge Ocampo's reason for inhibiting is without merit. A judge should not shirk from the performance of his function simply out of fear that he would be suspected of partiality because of official relationship to some of the parties in a case. While he should avoid any appearance of partiality he should no on the other hand be too finicky when the fact is that his fear of being suspected or misunderstood is all in his mind. Especially is this so where, as here, no other judge can possibly take over the hearing of his case. Executive Judge Eddie R. Rojas of the Regional Trial Court of Polomolok, South Cotabato, in a letter dated January 18, 1999, informed the Court that there is no other Municipal Trial Court of Tupi, South Cotabato to which Criminal Case No. 6588 can be re-assigned.

For the foregoing reason, the Court RESOLVED to SET ASIDE Judge Gaydifredo T. Ocampo's order of inhibition dated November 26, 1998 and to direct him to try and decide Criminal Case No. 6588 with reasonable dispatch.

Very truly yours,

LUZVIMINDA D. PUNO
Clerk of Court

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