Case Digest (G.R. No. 127262)
Facts:
Hubert Webb, Antonio Lejano, Hospicio Fernandez, Miguel Rodriguez, Peter Estrada and Michael Gatchalian v. People of the Philippines, The Honorable Amelita G. Tolentino, G.R. No. 127262, July 24, 1997, Supreme Court Second Division, Puno, J., writing for the Court.
On August 8, 1995 petitioners were charged by information with rape with homicide for acts alleged to have occurred the evening of June 29 into the early morning of June 30, 1991 at the Vizconde residence in BF Homes, Paranaque; the criminal case was docketed as Criminal Case No. 95-404 and raffled to Branch 274 of the Regional Trial Court of Paranaque presided by Judge Amelita G. Tolentino.
Before arraignment, petitioner Hubert Webb and co-accused Gerardo Biong moved to disqualify Judge Tolentino on grounds that she had made prejudicial statements to the media; those motions were denied. The accused were arraigned September 4, 1995 and filed petitions for bail. Webb also sought hospitalization (motion of September 21, 1995), which the judge denied on October 16, 1995.
At the October 9, 1995 hearing on bail the prosecution presented its principal witness, Jessica Alfaro. During cross-examination the defense sought to impeach Alfaro using the contents of an affidavit she executed on April 28, 1995 at the NBI; the prosecution objected on constitutional grounds (right to counsel under Art. III, Sec. 12, 1987 Constitution) and the judge sustained the objection and subsequently issued an October 30, 1995 order excluding the contents of that affidavit from cross-examination. The defense also met sustained objections when probing motives and Alfaro’s educational claims.
Petitioners renewed motions to disqualify Judge Tolentino (motion filed November 9, 1995), which were denied on November 28, 1995. On November 15, 1995 petitioners filed separate petitions with the Supreme Court—some seeking certiorari to set aside specified interlocutory orders—which the Court, by resolution dated January 22, 1996, referred to the Court of Appeals for disposition.
Trial proceedings continued: the judge ordered an ocular inspection over defense objection (December 5, 1995); denied Webb’s motion for depositions of U.S.-based witnesses for failing to allege inability to attend the trial (order of February 6, 1996); admitted only 10 of 142 proffered exhibits at one point (order of October 1, 1996), although she later admitted the previously excluded 132 exhibits after finding defects cured. Petitioners’ bail motions were denied on October 11, 1996.
On June 21, 1996 the Court of Appeals (Decision penned by Justice Ricardo P. Galvez, with Justices Martinez and Aquino) reversed Judge Tolentino’s refusal to admit Alfaro’s April 28 affidavit but denied other reliefs; the CA denied reconsider...(Subscriber-Only)
Issues:
- Should the respondent judge be disqualified or inhibited from hearing Criminal Case No. 95-404 on the ground of bias and prejudice?
- Whether repeated adverse or erroneous interlocutory rulings, without extrinsic evidence of malice or bad faith, constitute sufficient grounds for disqu...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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