Title
Webb vs. People
Case
G.R. No. 127262
Decision Date
Jul 24, 1997
Six men accused of rape with homicide challenged Judge Tolentino's impartiality, alleging bias in rulings and evidence rejection; Supreme Court upheld her decisions, citing insufficient proof of prejudice.

Case Summary (G.R. No. 127262)

Case Background and Charges

The petitioners were charged with the crimes of rape with homicide, specifically for the alleged rape of Carmela Vizconde and the murders of Carmela, her mother Estrellita, and sister Jennifer. The incident reportedly occurred at the Vizconde residence in Parañaque in the late evening of June 29 to early morning of June 30, 1991. The criminal case (Criminal Case No. 95-404) was assigned to Branch 274 of the Regional Trial Court of Parañaque, presided over by Judge Amelita G. Tolentino.

Motions for Judicial Disqualification and Arraignment

Prior to arraignment, petitioners Webb and co-accused Gerardo Biong filed motions for the disqualification or inhibition of Judge Tolentino alleging bias and partiality. These contentions included the judge’s reported media statements suggesting guilt based on the accused’s failure to surrender and comments on their conditions in custody. All such motions were denied by the judge. Petitioners were arraigned on September 4, 1995.

Evidentiary Issues and Judicial Orders during Trial

During the bail hearings and trial, significant issues arose regarding evidence and witness testimony. The prosecution’s key witness, Jessica Alfaro, identified petitioners as perpetrators. Defense counsel sought to impeach her credibility via contradictory affidavits executed in April and May 1995. The prosecution objected to cross-examination on the April affidavit arguing its inadmissibility under the constitutional right to counsel (Article III, Section 12(1) and (3), 1987 Constitution), since it was not executed in the presence of counsel. The trial judge sustained these objections and prohibited cross-examination on that affidavit’s contents.

Defense efforts to establish Alfaro’s motives, including questions about her family members and educational background, were also curtailed pursuant to relevancy objections upheld by the trial court. The petitioners renewed motions to disqualify Judge Tolentino due to alleged prejudice, but these were denied for lack of merit.

Appeals to the Court of Appeals and Supreme Court Intervention

Petitioners filed petitions for certiorari with the Supreme Court challenging various rulings, including denial of hospitalization, inadmissibility of Alfaro’s April 28 affidavit, and motions for inhibition. The Supreme Court referred the matter to the Court of Appeals for disposition.

The Court of Appeals reversed the order excluding Alfaro’s April 28 affidavit but denied other reliefs. It also denied the motions for Judge Tolentino’s inhibition. Petitioners moved for reconsideration, which the Court of Appeals denied.

Subsequently, petitioners filed the present petition assailing the Court of Appeals’ rulings and asserting that the trial judge demonstrated bias and prejudice through adverse rulings, rejection of evidence, and conduct such as visiting the Vizconde residence. They argued such bias compromised their right to a fair trial by an impartial judge.

Legal Principles on Judicial Disqualification and Due Process

The Supreme Court reiterated that the constitutional guarantee of due process under the 1987 Constitution requires that every accused be tried by an impartial and disinterested tribunal. A judge should voluntarily inhibit himself or be disqualified upon valid grounds, including bias, prejudice, pecuniary interest, or relationship within certain degrees to the parties or counsel (Rule 137, Section 1, Revised Rules of Court).

However, the burden to prove bias and prejudice is heavy and requires clear and convincing evidence, preferably extrajudicial in origin. Adverse or erroneous judicial rulings within the trial, no matter how numerous or unfavorable, do not alone constitute bias or prejudice warranting disqualification. Instead, such rulings must stem from an extraneous source or demonstrate malice or bad faith. The Court further clarified that trial courts inevitably err, and erroneous rulings do not equate to lack of impartiality.

Application to the Case and Ruling

The petitioners failed to provide extrinsic evidence proving that Judge Tolentino acted with malice or bias. Their claims relied mainly on a series of adverse rulings, which are insufficient to establish judicial prejudice. Notably, an erroneous ruling related to the rejection of 132 pieces of evidence was subsequently corrected, with the judge admi

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