Case Digest (G.R. No. 139381)
Facts:
People of the Philippines and Congresswoman Vida Espinosa v. Governor Antonio Kho and Arnel Quidato, G.R. No. 139381, April 20, 2001, Supreme Court First Division, Kapunan, J., writing for the Court.An information for murder arising from the ambush-slaying of Congressman Tito Espinosa was filed against several accused, including respondents Governor Antonio Kho and Arnel Quidato, before the Regional Trial Court (RTC) of Quezon City. The case was initially raffled to Judge Tirso Velasco but, following a prosecution move to disqualify him, was re-raffled to Judge Lucas P. Bersamin (Branch 88). Trial proceeded and the prosecution presented eyewitness and other testimony, as well as extra-judicial confessions attributed to several accused, including Blas Rosario and Roberto Pidlaon.
On April 15, 1996, Judge Bersamin denied a bail application for Kho and Quidato, finding the prosecution's evidence strong as to them; a second motion for bail filed May 10, 1996 was likewise denied. After the prosecution rested, while the defense was still presenting evidence, Kho and Quidato filed a third bail application. On November 18, 1997 Judge Bersamin reversed his earlier denials and granted bail to Kho (P200,000) and Quidato (P50,000), concluding that the prosecution had not established a sufficient, independent linkage between them and the alleged gunman apart from extra-judicial confessions that, under res inter alios acta, were incompetent against them and had not been repeated in court.
The prosecution orally moved for the judge’s inhibition on November 26, 1997 and followed up with a written motion dated December 1, 1997, alleging bias and prejudgment; the motion’s language was described as intemperate. Although Judge Bersamin characterized the allegations as flimsy, he issued an Order dated January 8, 1998 voluntarily inhibiting himself, stating his desire to dispel any suspicion about his objectivity and placing on record his observations justifying his rulings. The Court of Appeals, in CA-G.R. SP No. 48170, set aside the judge’s inhibition in a decision dated May 10, 1999 (resolution July 16, 1999), holding the voluntary inhibition to have been rendered in excess of jurisdiction and ordering Judge Bersamin to resume the trial; its reasoning emphasized the lateness of the motion, the risk of forum-shopping, and prej...(Pro-only)
Issues:
- Did the Court of Appeals err in holding that the trial judge did not exercise sound discretion when he voluntarily inhibited himself from further sitting in Criminal Case No. Q-95-61675?
- Did the Court of Appeals err in finding that Judge Bersamin’s inhibition was not for ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
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Doctrine:
- (Pro-only)