REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
PASAY CITY
BRANCH ______

BIG EMPEROR TECHNOLOGY

CORPORATION herein
represented by LIN XIAOQING; CIVILCASE
Plaintiff NO._______________
FOR: Petition for TRO and/or
Vs. Preliminary Injunction

XIONWEI TECHNOLOGY CO. LTD.,

INC. ;

PHILIPPINE AMUSEMENT AND

GAMING CORPORATION (PAGCOR)
Defendants

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MOTION FOR INHIBITION

 
Plaintiff , through counsel, most respectfully state:

I.
PREFACE

“Thereby,
it is made clear to the occupants of the
bench that outside of pecuniary interest, relationship or
previous participation in the matter that calls for
adjudication, there may be other causes that could
conceivably erode the trait of objectivity, thus calling for
inhibition. That is to betray a sense of realism, for the
factors that lead to preferences or predilections are many
and varied. It is well, therefore, that if any such should
make its appearance and prove difficult to resist, the better
course for a judge is to disqualify himself. That way, he
avoids being misunderstood. His reputation for probity
and objectivity is preserved. What is even more important,
the ideal of an impartial administration of justice is lived
up to. Thus is due process vindicated.” (Mateo, et al. v. Hon.
Villaluz, G.R. Nos. L-34756-59 March 31, 1973)
II.
NATURE OF MOTION
 1. This is a motion respectfully imploring that Honorable Judge , forthwith
voluntarily RECUSE himself from the above-entitled case, on the following

 
III.
GROUNDS

A. That the Honorable Judge failed to act with urgency in resolving the
instant urgent petition

IV.
DISCUSSION

A. That the Honorable Judge failed to act with urgency in

resolving the instant urgent petition
 
2.   The New Code of Judicial Ethics places emphasis on the appearance of
impartiality and not just actual impartiality in the exercise of judicial functions.
This is necessary in order to protect the image of the judiciary.

Judges shall disqualify themselves from participating in any proceedings in which

they are unable to decide the matter impartially or in which it may appear to a
reasonable observer that they are unable to decide the matter impartially. ( New
Code of Judicial Conduct)

3. In this connection, the Court pointed out in Joselito Rallos, et al. v.

Judge Ireneo Lee Gako Jr., RTC Branch 5, Cebu City, that:
Well-known is the judicial norm that "judges should not
only be impartial but should also appear impartial."
Jurisprudence repeatedly teaches that litigants are entitled to
nothing less than the cold neutrality of an impartial judge.
The other elements of due process, like notice and hearing,
would become meaningless if the ultimate decision is
rendered by a partial or biased judge. Judges must not only
render just, correct and impartial decisions, but must do so
in a manner free of any suspicion as to their fairness,
impartiality and integrity.
This reminder applies all the more sternly to municipal,
metropolitan and regional trial court judges like herein
respondent, because they are judicial front-liners who have
direct contact with the litigating parties.
They are the intermediaries between conflicting interests and
the embodiments of the people’s sense of justice. Thus, their
official conduct should be beyond reproach. 1
That with due respect to the Honorable Judge, the failure to
act with urgency on the instant petition portrays an image to
the herein petitioner that he cannot get an impartial decision
from the Honorable Court.

1
De la Cruz v. Judge Bersamira, 402 Phil. 671, 681-682 (2001) [Per J. Ynares-Santiago, First Division].
 Thus, herein petitioner perceives that he has been denied
fairness, impartiality and integrity in the proceedings as the
Honorable Court completely ignored and turned a blind eye
to the urgency of the petition filed by plaintiff.
With due respect, it is respectfully submitted that the
Honorable Judge’s conduct falls short of the judicial norm that
Judges must not only be impartial but must also appear to be
impartial.

PRAYER
WHEREFORE, the foregoing considered, it is most respectfully prayed that
Honorable Judge voluntarily RECUSE himself from further and other proceedings
in this case.
Other and further reliefs as may be just and equitable in the premises are
likewise prayed for.

Manila City, Philippines. 9 Nov 2022.

RESPECTFULLY SUBMITTED.

ATTY. FRANCIS SOL S. YAP

Counsel for Plaintiff
MCLE NO. VI 0019712-6/12/2019
ROLL NO. 61725
IBP NO. 1066735 1/13/21
PTR NO. 6042962 1/13/21
Units 1804, Manila Astral Tower ,
18th Floor, Padre Faura St. corner Taft Ave.,
Manila, Metro Manila