Submission of Copies of Orders of Voluntary Inhibition

February 18, 2020

SUPREME COURT ADMINISTRATIVE ORDER NO. 62-2020

 

Due to persistent reports that some Justices and Judges have been voluntarily inhibiting from cases assigned or raffled to them on grounds that are neither just nor valid, all Justices of the third level courts and Judges of the second and first level courts are REMINDED of their duties to "perform their judicial duties without favor, bias or prejudice" 1 and to "carry out judicial duties with appropriate consideration for all persons, such as the parties, witnesses, lawyers, court staff and judicial colleagues, without differentiation on any irrelevant ground, immaterial to the proper performance of such duties." 2

In order to effectively monitor voluntary inhibitions, whether motu proprio or on motion of parties, all Justices of the third level courts and Judges of the second and first level courts are hereby REQUIRED to submit to the Office of the Chief Justice, copy furnished the Office of the Court Administrator, copies of all orders of voluntary inhibition within 5 days from issuance of such orders.

Soft copies of the said orders shall be emailed to:

[email protected]

AND hard copies shall be mailed through the regular postal service to:

Office of the Chief Justice

Copy furnished:

Office of the Court Administrator

While Section 1, Rule 137 of the Rules of Court provides that "[a] judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case," case law teaches us that this "does not give the judge the unfettered discretion to decide whether he should desist from hearing a case. The inhibition must be for just and valid causes. The mere imputation of bias or partiality is not enough grounds for a judge to inhibit, especially when it is without any basis." 3

For strict compliance. aScITE

(SGD.) DIOSDADO M. PERALTAChief Justice

Footnotes

1. Section 1, Canon 3 Impartiality, New Code of Judicial Conduct for the Philippine Judiciary, A.M. No. 03-05-01-SC (27 April 2004).

2. Section 3, Canon 5 Equality, New Code of Judicial Conduct for the Philippine Judiciary, A.M. No. 03-05-01-SC (27 April 2004).

3. People v. Kho, 409 PHIL. 326-337 (2001), Chin v. Court of Appeals, 456 PHIL. 440-453 (2003), and Spouses Abrajano v. Heirs of Salas, Jr., 517 PHIL. 663-676 (2006).