Tuesday, April 26, 2016

Bias and partiality; proof of.


EFREN T. UY, NELIA B. LEE, RODOLFO L. MENES AND QUINCIANO H. LUI VS. JUDGE ALAN L. FLORES, PRESIDING JUDGE, REGIONAL TRIAL COURT, BRANCH 7, TUBOD, LANAO DEL NORTE, A.M. No. RTJ-12-2332 (Formerly OCA IPI No. 10-3393-RTJ), June 25, 2014. 


“x x x.

We note, however, that the Office of the Court Administrator did not discuss the charges of manifest partiality, denial of due process and conduct prejudicial to the interest of the service. This implies that Judge Flores is not guilty of these charges. In any event, we dismiss the charge of manifest partiality against Judge Flores for complainants’ failure to prove by extrinsic evidence this serious allegation. We cannot presume that Judge Flores was biased and partial simply because he enjoined the implementation of Hefti and Esquivias’s orders. We have held that there should be clear and convincing evidence to prove the charge of bias and partiality. Extrinsic evidence is required to establish bias. Absent extrinsic evidence, the decision itself would be insufficient to establish a case against the judge.[8]

X x x.”