People of The Philippines Vs CA

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People of the Philippines vs.

Court of Appeals
G.R. No. 118882 | Sep. 26, 1996
MELO, J.

Roles and Standards of Judges: Impartiality

FACTS

Petition for Review with an urgent prayer for a writ of preliminary injunction and/or restraining order
• The court resolved to require respondents, all of whom are accused in the criminal cases, to reply
within 10 days from notice to issue to TRO, as well as to enjoin respondent Judge Espina from
taking further action in the aforementioned cases
• All respondents did not file their comments, and so the comments are dispensed by the court and
disposition will proceed

ISSUES AND HOLDING

1. Whether or not there was the cold neutrality of an impartial judge in the aforementioned cases.
No.
• One of the essential requirements of procedural due process in judicial proceedings
is that there must be an impartial court or tribunal clothed with judicial power to
hear and determine the issues before it
• Every litigant, including the State, is entitled to the cold neutrality of an impartial
judge
• This neutrality is the indispensable imperative of due process, wherein the judge
must not only be impartial but must also appear to be impartial
• In the case, Judge Pedro Espina, as pointed out by the Solicitor General, cannot be
considered to possess such cold neutrality of an impartial judge because in his
previous decision, he enjoined the preliminary investigation at the Regional State
Prosecutor’s Office level against respondent Jane Go, the principal accused in the
killing of her husband, Dominador Go
• Judge Espina’s decision in favor of respondent serves as sufficient and reasonable
basis for the prosecution to seriously doubt his impartiality in handling the criminal
cases
Petition is GRANTED. JUDGE ESPINA is DISQUALIFIED from taking COGNIZANCE of the
CRIMINAL CASES.

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