Title
Paredes vs. Gopengco
Case
G.R. No. L-23710
Decision Date
Sep 30, 1969
Judge Paredes denied disqualification motion; respondents sought prohibition. SC upheld injunction, ruling disqualification rules inapplicable in criminal cases; acquittal by disqualified judge valid.

Case Digest (G.R. No. L-23710)
Expanded Legal Reasoning Model

Facts:

  • Parties and Case Background
    • Petitioners:
      • Antonio Paredes, in his capacity as Judge, Branch II, City Court of Manila.
      • Antonio J. Villegas, Mayor of the City of Manila.
      • Ladislao J. Tolentino, City Engineer of Manila.
    • Respondents:
      • Hon. Simeon M. Gopengco, in his capacity as Judge, Branch XXV, Court of First Instance of Manila.
      • Manufacturers Building, Inc.
      • Ambrosio Padilla.
    • Underlying Criminal Case:
      • The case involves a charge of malicious mischief (Criminal Case No. F-069782) before the City Court of Manila.
  • Motion for Disqualification and Related Proceedings
    • A motion was filed by Manufacturers Building, Inc. and Ambrosio Padilla, later joined verbally by Assistant City Fiscal Nazareno Macaraeg.
      • The motion sought the voluntary inhibition or disqualification of Judge Antonio Paredes.
      • The grounds for disqualification centered on the alleged relationship of the judge with a law firm (Paredes, Poblador, Cruz and Nazareno) that, despite not being the counsel of record in the criminal case, had served as counsel for petitioner Mayor Villegas during preliminary investigations.
    • Judge Paredes denied the motion on the technical ground that the law firm was not the counsel of record in the malicious mischief case.
    • The subsequent motion for reconsideration was also denied.
  • Petition for Certiorari and Prohibition
    • Respondents filed a petition for certiorari and prohibition with a request for a preliminary injunction.
      • The objective was to annul Judge Paredes’ order denying his disqualification and to restrain him from proceeding with the trial.
    • The Court of First Instance of Manila, Branch XXV, presided by Judge Gopengco, granted the petition.
      • A restraining order was issued on July 29, 1964.
      • A writ of preliminary injunction was subsequently ordered on August 4, 1964, restraining Judge Paredes from taking further cognizance in the case.
  • Petitioners’ Contentions and Legal Basis
    • Petitioners contended that Judge Gopengco abused his discretion by:
      • Taking cognizance of respondents’ petition for disqualification.
      • Issuing a preliminary injunction against Judge Paredes despite the restrictive provision in Section 2, Rule 137 of the Rules of Court.
    • Their central argument revolved around the idea that any judgment rendered by a disqualified judge—particularly an acquittal—would be null and void.
    • They further argued that the non-joinder of the People of the Philippines in the special civil action should render the petition jurisdictionally deficient.

Issues:

  • Applicability of Section 2, Rule 137 in Criminal Cases
    • Whether the restrictive provision, which bars appeal or stay from a judge’s decision ruling in favor of his own competency, applies in criminal cases when disqualification is sought by the prosecution or the offended party.
  • Validity of the Judgment of Acquittal Rendered by a Disqualified Judge
    • Whether any judgment, particularly an acquittal, rendered by a judge who is later challenged for disqualification is null and void.
    • The implications under the double jeopardy provision of the Constitution.
  • Procedural Issue on Party Joinder
    • Whether the omission of the People of the Philippines as a co-petitioner in the special civil action for prohibition and certiorari constitutes a jurisdictional defect.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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