Title
Arceo vs. Aquino
Case
G.R. No. L-45121
Decision Date
Jun 16, 1978
Petition to disqualify a judge based on alleged personal relationship is dismissed as moot following the judge's retirement.
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Case Digest (G.R. No. L-45121)

Facts:

  • Rosario P. Arceo is the petitioner against Judge Narciso A. Aquino and Aniceto Sandoval.
  • Arceo acted as the administratrix of her deceased husband Honorato L. Arceo's intestate estate.
  • On September 24, 1976, Arceo filed a motion to disqualify Judge Aquino from two cases:
    • Special Proceeding No. 116-R (intestate estate of Honorato L. Arceo)
    • Civil Case No. 283-R (suit against Aniceto Sandoval).
  • The motion was based on the alleged close personal relationship between Judge Aquino and Sandoval, who was both a creditor in the intestate proceeding and a defendant in the civil case.
  • Arceo claimed their association, particularly as members of the same Lions' Club, compromised the judge's impartiality.
  • Judge Aquino denied the motion for recusal on the same day it was filed.
  • Arceo's motion for reconsideration was also denied.
  • On November 29, 1976, Arceo filed petitions for certiorari and prohibition to prevent Judge Aquino from hearing the cases.
  • The petitions were given due course after the respondents submitted their comments and memoranda.
  • Judge Aquino's application for disability retirement was approved, effective February 23, 1978, rendering the cases moot and academic.

Issue:

  • (Unlock)

Ruling:

  • The Supreme Court dismissed the petitions for certiorari and prohibition, upholding Judge Aquino's decision to remain in the cases.
  • The Court ruled that the cases were ren...(Unlock)

Ratio:

  • The Supreme Court emphasized the necessity for judges to be impartial and free from personal bias or interest.
  • The issue of disqualification became moot following Judge Aquino's retiremen...continue reading

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