G.R. No. 154464 - Cruz vs. Mijares

Ferdinand A. Cruz, a fourth-year law student, sought to represent himself as a party litigant in Civil Case No. 01-0410 for abatement of nuisance.
He based his right to self-representation on Section 34 of Rule 138 of the Rules of Court, which allows a party to conduct his litigation personally.
Despite invoking Section 34, the petitioner was required by Judge Priscilla Mijares to secure a written permission from the Court Administrator prior to his appearance.

On March 5, 2002, petitioner Cruz filed his request for permission to appear, establishing the factual and procedural basis for his self-representation.
During pretrial, the opposing counsel (Atty. Stanley Cabrera for Benjamin Mina, Jr.) filed a Motion to Dismiss instead of a pretrial brief.
The petitioner objected vehemently, contending that a Motion to Dismiss was not proper after the filing of an Answer.
Judge Mijares made a remark—“Hay naku, masama `yung marunong pa sa Huwes. Ok?”—which later became the basis for an allegation of judicial bias.

On March 6, 2002, Cruz filed a Manifestation and Motion to Inhibit, alleging that the judge’s uncalled-for remark revealed a predisposition that could affect the fairness of the trial.
Judge Mijares, in an order dated April 19, 2002, denied the motion for inhibition, asserting that the remark, made prior to pretrial proceedings, was insufficient to merit voluntary inhibition.
A motion for reconsideration of this denial was also filed by the petitioner, but it was firmly denied on May 10, 2002.

Along with denying the inhibition, the trial court also denied Cruz’s appearance as party litigant on the ground that he failed to comply with conditions set under Rule 138-A (the Law Student Practice Rule).
Despite Cruz’s contention that his right to represent himself was based on the distinct provision of Section 34, Rule 138, Judge Mijares continued to base her order on Rule 138-A.
On July 31, 2002, reaffirming her earlier decision, the court maintained the denial of the petitioner’s appearance.

On August 16, 2002, petitioner Cruz directly filed a petition for certiorari, prohibition, and mandamus with the Supreme Court, assailing two main errors:

The denial of his appearance as a party litigant under Section 34 of Rule 138.
The failure of Judge Mijares to voluntarily inhibit herself, despite alleged indications of bias from her earlier remarks.

The petitioner also questioned whether the filing of such extraordinary writs directly with the Supreme Court bypassed the established judicial hierarchy favoring the Court of Appeals for such matters.

Whether the extraordinary writs of certiorari, prohibition, and mandamus under Rule 65 of the Rules of Court may issue when filed directly with the Supreme Court instead of the Court of Appeals.
The issue revolves around adherence to the judicial hierarchy and the appropriateness of direct filing in exceptional cases.

Whether the Regional Trial Court abused its discretion by denying the petitioner’s appearance as a party litigant.
The issue involves determining if the denial was properly based on Rule 138-A rather than Section 34 of Rule 138, which explicitly allows self-representation.

Whether Judge Mijares acted with grave abuse of discretion by refusing to voluntarily inhibit herself despite the petitioner’s allegation of manifested bias indicated by her pretrial remarks.
This issue addresses if there was clear and convincing proof to warrant her removal from the case.