SECOND DIVISION
[G.R. No. 245326. July 8, 2019.]
ISABEL COJUANGCO SUNTAY, petitioner, vs.EMILIO A.M. SUNTAY III AND NENITA SUNTAY TAÑEDO, respondents.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated08 July 2019which reads as follows:
"G.R. No. 245326 (Isabel Cojuangco Suntay v. Emilio A.M. Suntay III and Nenita Suntay Tañedo)
After a Judicious study of the case, the Court resolves to DENY the instant petition 1 and AFFIRM the October 22, 2018 Decision 2 and the February 21, 2019 Resolution 3 of the Court of Appeals (CA) in CA-G.R. SP No. 152534 for failure of petitioner Isabel Cojuangco Suntay (petitioner) to sufficiently show that the CA committed any reversible error in affirming the Regional Trial Court of Mamburao, Occidental Mindoro (RTC), Branch 44's denial 4 of her motion for inhibition. 5
As correctly ruled by the CA, the RTC's denial of the subject motion filed by petitioner was not attendant by grave abuse of discretion. 6 Records reveal that petitioner failed to substantiate her claims that: (a) Presiding Judge Jose S. Jacinto, Jr. is related by affinity to respondent Nenita Suntay Tañedo (Nenita); 7(b) he exhibited bias towards respondents Emilio A.M. Suntay III and Nenita (collectively, respondents); 8 and (c) he prejudged the guilt or innocence of respondents. 9 It is settled that mere imputation of bias and partiality is not enough for a judge to inhibit himself. There must be a clear showing of acts indicative of arbitrariness, 10 which petitioner failed to show in this case. HTcADC
Moreover, petitioner has no legal standing to file the instant petition without the conformity of the Office of the Solicitor General (OSG). 11 Although the Court allowed the private respondents or victims to file a petition for certiorari without the intervention of the OSG in certain cases, 12 none of the exceptions obtain in this case.
SO ORDERED."
Very truly yours,
MARIA LOURDES C. PERFECTODivision Clerk of Court
By:
(SGD.) TERESITA AQUINO TUAZONDeputy Division Clerk of Court
Footnotes
1.Rollo, pp. 34-65.
2.Id. at 71-85. Penned by Associate Justice Henri Jean Paul B. Inting (now a member of this court) with Associate Justices Japar B. Dimaampao and Manuel M. Barrios, concurring.
3.Id. at 86-87.
4. See RTC Order dated February 1, 2017, signed by Presiding Judge Jose S. Jacinto, Jr.; id. at 178-182.
5. See Very Respectful Motion for Inhibition dated December 1, 2016; id. at 162-173.
6. See id. at 77 and 80.
7. See id. at 80-81.
8. See id. at 81.
9. See id. at 83.
10. See Pagoda Philippines, Inc. v. Universal Canning, Inc., 509 Phil. 339, 346 (2005).
11. See rollo, p. 78. See also Section 5, Rule 110 of the Rules.
12. See Mobilia Products, Inc. v. Umezawa, 493 Phil. 85, 111 (2005).