G.R. No. 125683 - Ballatan vs. Court of Appeals

Petitioners Hubert Webb, Antonio Lejano, Hospicio Fernandez, Miguel Rodriguez, Peter Estrada, and Michael Gatchalian (initially including Gerardo Biong) were charged with rape with homicide involving Carmela Vizconde, her mother Estrellita, and her sister Jennifer.
The crimes allegedly occurred in the evening of June 29 up to the early morning of June 30, 1991, at the Vizconde residence in BF Homes, Parañaque.
The case was docketed as Criminal Case No. 95-404 before Branch 274 of the Regional Trial Court (RTC) of Parañaque, presided by Judge Amelita G. Tolentino.

Prior to arraignment, petitioner Webb and Gerardo Biong filed motions to disqualify Judge Tolentino based on her alleged predisposed unfavorable statements to the media about the guilt of accused persons and conditions of their custody.
The Judge denied these motions. Petitioner Webb filed a second motion citing another adverse statement; likewise denied.
On September 4, 1995, Biong filed another motion for disqualification on grounds of bias and partiality, also denied by the judge.

Petitioners arraigned on September 4, 1995, and filed separate bail petitions.
On September 21, 1995, Webb filed a motion for hospitalization due to health problems allegedly aggravated by jail conditions; denied on October 16, 1995.
On October 9, 1995, bail hearing commenced with the prosecution presenting Jessica Alfaro as their key witness.
The defense attempted to impeach Alfaro’s credibility by examining contradictions between her April 28, 1995 NBI affidavit, subsequent May 21 affidavit, and court testimony.
The prosecution objected to questions on the April 28 affidavit, claiming inadmissibility under the Constitution since the affidavit was not executed in the presence of counsel.
Judge Tolentino sustained objections and disallowed cross-examination on that affidavit portion on October 30, 1995.
Defense made other attempts to challenge Alfaro’s credibility and motive (regarding her brother Patrick Alfaro’s drug history and alleged false statements about her education), but objections were sustained on relevance grounds.

On November 9, 1995, petitioners moved for Judge Tolentino’s disqualification alleging bias and prejudice, which was denied on November 28, 1995.
On November 15, 1995, petitioners Webb, Lejano, Fernandez, and Biong filed a certiorari petition to the Supreme Court to set aside the denial of Webb’s hospitalization motion and the order disallowing cross-examination on the April 28 affidavit.
Gatchalian and Estrada filed a separate certiorari, prohibition, and mandamus petition challenging the order on cross-examination.
Petitioners filed a supplemental petition in December 1995 to set aside the November 28 disqualification denial.
The Supreme Court referred the petitions to the Court of Appeals for disposition on January 22, 1996.

The prosecution presented Mila Gaviola, a former maid, who testified seeing Webb at the residence on the morning of June 30, 1991.
The Judge ordered an ocular inspection of the Webb residence, over petitioners’ objections.
Webb moved to depose witnesses residing in the United States, alleged to testify on his whereabouts on the crime date; motion denied due to failure to show witnesses could not personally appear.
Petitioners made a formal offer of 142 exhibits; the judge admitted only 10 on October 1, 1996, but later appeared to admit the remaining 132 pieces after further evidence was introduced.
Bail petitions were denied on October 11, 1996.

On June 21, 1996, the Court of Appeals reversed the denial of admission of Alfaro’s April 28 affidavit but denied other reliefs.
The motion for reconsideration was denied by CA on November 15, 1996.
Petitioners filed the instant petition in the Supreme Court challenging the denial of Judge Tolentino’s disqualification, alleging bias due to adverse rulings, alleged improper conduct such as visiting the Vizconde residence during proceedings, and other trial irregularities.
A supplemental petition alleged further trial irregularities including disallowance of impeachment evidence and striking off defense oral evidence.

Whether Judge Amelita G. Tolentino should have disqualified or inhibited herself from hearing Criminal Case No. 95-404 on the ground of bias and prejudice.
Whether repeated adverse rulings against petitioners constitute sufficient proof of bias to justify disqualification of the judge.
Whether the right to a fair trial was violated by the trial judge’s procedural rulings and conduct affecting the impartiality of the court.