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Saturday, October 15, 2022
"Caesar's wife" doctrine and Remulla
THE essence of "CAESARS WIFE" DOCTRINE, by analogy, should apply to REMULLA. For him to RESIGN, not only inhibit himself, would be a NOBLE ACT. -
JURISPRUDENCE:
"Under the foregoing circumstances, the Salonga doctrine that JUDICIAL "DISCRETION should be exercised in a way that the PEOPLE’S FAITH IN COURTS OF JUSTICE should not be impaired" becomes relevant. Given the prosecution’s APPARENT LACK OF FAITH IN RESPONDENT JUDGE, she was placed in a DIFFICULT POSITION. Should she acquit the accused, her decision will APPEAR TO BE TAINTED WITH BIAS. Such a situation is HIGHLY DETRIMENTAL, not only to the IMAGE of the TRIAL COURT, but to the INTEGRITY of the JUDICIAL SYSTEM. Like CAESAR’S WIFE, a judge must be BEYOND SUSPICION and that he should maintain nothing less than COLD NEUTRALITY AND IMPARTIALITY. Otherwise, the wisest course for a judge would be to DISQUALIFY HIMSELF. Thus, respondent judge SHOULD HAVE INHIBITED HERSELF from further hearing Criminal Cases Nos. 1316-P and 1317-P. At any rate, this issue has become moot considering that she had retired from the service on January 7, 2006."
G.R. Nos. 154150-51 December 10, 2007
NIDA ALEJO, FRANCISCA ALEJO and THE PEOPLE OF THE PHILIPPINES, petitioners,
vs.
THE HONORABLE JUDGE ERLINDA PESTAÑO-BUTED, Presiding Judge of the Regional Trial Court, Branch 40, Palayan City, Nueva Ecija, ARTHUR SERNA and JONG LINSANGAN, respondents.
https://lawphil.net/judjuris/juri2007/dec2007/gr_154150_2007.html