mk un NCHT . cr ¥ ne MAY cB 2008 REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT BRANCH 137, MAKATI CITY PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No, 06-452 =versus- For: Rebellion CRISPIN B. BELTRAN, LAWRENCE SAN JUAN, et. al. Accused. MOTION FOR INHIBITION The Prosecution most respectfully moves for the inkibition of the Honorable Presiding Judge in the instant case on the ground that her actions and ruling manifested partiality in favor of the accused. 1, On May 4, 2006, the Honorable: Presiding Judge heard the Prosecution’s Mation to Admit Amended Information and Accused!'s Omnibus Motion to Strike Out Amended Information. 2. After oral arguments, the Honorable Presiding Judge manifested that she will resolve sai¢ motion that same afternoon. 3. The hearing started at 10:00 in the morhing and ended at 12:30 ia the afternoon, At around 5:30 in the aftemoou on that same day, the Prosecution heard from the news that thé Honorable Presiding Judge issued a resolution granting the Oninibus Motion to Strike Out Amended Informotion, She also gave'interviews to the media “fMotion For thiblien Page ¥ discussed the resolution, before the Prosecution even received an official copy of the same. Publicity undermines the dignity and impartiality of a judge.” . The Prosecution was taken aback at the undue haste in resolving the subject Motion considering that it only submitted its additional supporting documents minutes before the hearing. Moreover, the oral arguments on the motions had just been concluded, ‘On May gl200, the Prosecution got hold of an unofficial copy of the resolution. In her resolution, the Honorable Presiding Judge relied heavily on the arguments saised by counsels of the Accused and paid scant attention to the Prosecutions discussions. 6. On the foregoing facts, with all due tespect, Prosecution contends that the Honorable Presiding Judge should voluntarily recuse herself from heating the instant case. 7. ‘The office of a judge exists for one splemut end — to promote the ends of justice by administering it speedily and impartially.” In the instant case, while the subject motion was redotved.with dispatch, it was not done so with impartiality. PRAYER... WHEREFORE, it is most respectfully prayed of this Honorable Court that the foregoing Motion for Iwhibidion be NOTED and GRANT ED, v "In the Mater of the Alleged Improper Cendsct of Sandigatbayan Associate Jurtice Anaclet D. Ba 3n,95 SCRA 231 * Gibwe, Lopes 40 SCRA 638‘Motion For kahbition Pages ¥ and that an Order be issued by the Honorable Presiding Judge voluntarily inhibiting berself from futher trying the instant ease. It is further prayed that the henring of the instant case be deferred pending resolution of the instant motion. Other relief&, just and equitable under’ the promises, are likewise prayed for. Manila for Makati City. May 5, 2006, sucht VELASCO nophliftextm0 Ss Senior State Prosecutor nior State Prosecutor JOSELYEA C.MENDOZA anLbilesneteseeg REZ Senior State Prosecutor ‘Senior State Brdsecutdr DEANA P. PERI JAA. WAGA Stal Senior State Prosecutor ite Prosecutor