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Coo6 People vs CA

Coo6 People vs CA

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Published by Nette Velasco

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Published by: Nette Velasco on Jul 11, 2012
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11/18/2013

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G.R. No. 118882 September 26, 1996 PEOPLE OF THE PHILIPPINES vs. CA, HON. PEDRO S.

ESPINA, CRISTETA REYES, JOHNY SANTOS, ANTONIO ALEGRO, ROGELIO MENGUIN, PETE ALVERIO, ROGEN DOCTORA and JANE GO

FACTS: This is a petition for review that seeks to annul the CA decision insofar as it denied the People's prayer to inhibit Respondent Judge Pedro S. Espina from hearing criminal cases against respondents due to his previous decision in Special Civil Action No. 92-11-219 wherein he enjoined the preliminary investigation at the Regional State Prosecutor's Office level against herein respondent Jane Go, the principal accused in the killing of her husband Dominador Go. He likewise allegedly granted bail to the case against Reyes (Murder), and Go (Parricide), without even conducting an evidentiary hearing as required by the Rules of Court and despite the prosecution's opposition thereto.

ISSUE: WON Judge Espina showed impartiality of tribunal.

HELD: NO. One of the essential requirements of procedural due process is that there must be an impartial court. Thus, every litigant, including the State, is entitled to the cold neutrality of an impartial judge as the judge must not only be impartial but must also appear to be impartial as an added assurance to the parties that his decision will be just. Due process is intended to insure that confidence by requiring compliance with the rudiments of fair play. In the case at bar, Judge Pedro Espina cannot be considered to adequately possess such cold neutrality of an impartial judge in view of the alleged circumstances.

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