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[A.M. No. 01-11-303-MeTC.January 21, 2002]

RE:INHIBITION OF ASSISTING JUDGE BAUTISTA, JR. IN CRIM. CASE # 37124

FIRST DIVISION

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated 21 JAN 2002.

A.M. No. 01-11-303-MeTC (RE: Inhibition of Assisting Judge Jose L. Bautista, Jr., Metropolitan Trial Court (MeTC), Branch 80, Muntinlupa City, in Criminal Case No. 37124.)

On August 15, 2001, the Office of the Court Administrator received a letter from Banaag C. Alvarez, Branch Clerk of Court of the Metropolitan Trial Court (MeTC), Branch 80, Muntinlupa City, transmitting thereon the entire records of Criminal Case No. 37124 for grave threats titled "People of the Philippines versus Alfonso Buot and Maximiliano Amores" due to the inhibition of Assisting Judge Jose L. Bautista, Jr.

The records reveal that Criminal Case No. 37124 was originally assigned to Judge Noli C. Diaz, Presiding Judge of the same court. On February 19, 2001, the accused through counsel filed a motion to inhibit him from the case alleging that although they do not doubt the trial court's capacity to render impartial justice, there is that imagined idea that the scale of justice will tilt toward the private complainant in said case who incidentally is the court aide of said court. On May 25, 2001, Judge Diaz granted the accused's motion and inhibited himself from the case. Consequently, the case was referred to Assisting Judge Jose L. Bautista, Jr. On July 9, 2001, accused through counsel again filed a motion to inhibit Judge Bautista from the case citing the same reasons they alleged in the first motion for inhibition. On July 30, 2001, Judge Bautista inhibited himself from the case and ordered that the entire records of this case be forwarded to the Office of the Court Administrator for appropriate action. Hence, the instant administrative matter.

Section 1 of Rule 137 of the Revised Rules of Court on disqualification of judges provides that "no judge or judicial officer shall sit in any case in which he, or his wife or child, is pecuniarily interested as heir, legatee, creditor or otherwise, or in which he is related to either party within the sixth degree of consanguinity or affinity, or to counsel within the fourth degree, computed according to the rules of the civil law, or in which he has been executor, administrator, guardian, trustee or counsel, or in which he has presided in any inferior court when his ruling or decision is the subject of review, without the written consent of all parties in interest, signed by them and entered upon the record." The second paragraph further states that "a judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other than those mentioned above."

Quite clearly, the basis for the disqualification of Judges Diaz and Bautista is the second paragraph of the said section on voluntary inhibition. They were correct as the ground for inhibition relied upon by the accused appears to be valid and just. While the prosecution may argue that two (2) motions for inhibition filed against the judges contain flimsy and imaginary insinuations since they are sure to render justice fairly and impartially regardless of who the parties are, it is in the best interest of justice for said judges to recuse themselves from the case so as to dispel any suspicion about their objectivity and impartiality and any appearance of impropriety.

In view of the foregoing, the Court resolved to (a) NOTE the letter of Branch Clerk of Court Banaag C. Alvarez of the MeTC, Branch 80, Muntinlupa City forwarding the entire records of Criminal Case No. 37124 to the Court Administrator for appropriate action; (b) CONFIRM the Order of Inhibition dated July 30, 2001 of Assisting Judge Jose L. Bautista, Jr., same court; (c) DESIGNATE Presiding Judge Esper T. Villarin, MeTC, Branch 79, Las Piñas City to hear and decide Criminal Case No. 37124; and (d) DIRECT the Court Administrator to forward the entire records of Criminal Case No. 37124 to the Branch Clerk of Court of MeTC, Branch 79, Las Piñas City.

Very truly yours,

(Sgd.) VIRGINIA ANCHETA-SORIANO

Clerk of Court

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