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  • BGEN Ramiscal vs. Judge Hernandez

    Transféré par

    Christina Aure
    13 vues1 page
    Petitioner Jose Ramiscal, president of AFP-RSBS, had pending cases before Justice Hernandez. The wife of Justice Hernandez, Professor Hernandez, was a commissioner on the Feliciano Commission that recommended prosecuting petitioner. Petitioner argued Professor Hernandez was interested in the case as an appointee of President Arroyo monitoring fulfillment of the commission's recommendations. The issue was whether Justice Hernandez should inhibit himself. The court denied the petition, ruling mere imputation of bias is insufficient for inhibition and petitioner provided no extrinsic evidence of bias or that Professor Hernandez was pecuniarily interested as required by the Rules of Court.

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    Petitioner Jose Ramiscal, president of AFP-RSBS, had pending cases before Justice Hernandez. The wife of Justice Hernandez, Professor Hernandez, was a commissioner on the Feliciano Commission that recommended prosecuting petitioner. Petitioner argued Professor Hernandez was interested in the case as an appointee of President Arroyo monitoring fulfillment of the commission's recommendations. The issue was whether Justice Hernandez should inhibit himself. The court denied the petition, ruling mere imputation of bias is insufficient for inhibition and petitioner provided no extrinsic evidence of bias or that Professor Hernandez was pecuniarily interested as required by the Rules of Court.

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    © All Rights Reserved
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    13 vues1 page

    BGEN Ramiscal vs. Judge Hernandez

    Transféré par

    Christina Aure
    Petitioner Jose Ramiscal, president of AFP-RSBS, had pending cases before Justice Hernandez. The wife of Justice Hernandez, Professor Hernandez, was a commissioner on the Feliciano Commission that recommended prosecuting petitioner. Petitioner argued Professor Hernandez was interested in the case as an appointee of President Arroyo monitoring fulfillment of the commission's recommendations. The issue was whether Justice Hernandez should inhibit himself. The court denied the petition, ruling mere imputation of bias is insufficient for inhibition and petitioner provided no extrinsic evidence of bias or that Professor Hernandez was pecuniarily interested as required by the Rules of Court.

    Droits d'auteur :

    © All Rights Reserved
    Téléchargez comme DOCX, PDF, TXT ou lisez en ligne sur Scribd
    Signaler comme contenu inapproprié
    sur 1

    Facts:

    Petitioner, Retired BGen. Jose S. Ramiscal, Jr., then President of the Armed Forces of the Philippines-
    Retirement and Separation Benefits System (AFP-RSBS) has pending cases before the sala of Justice
    Hernandez. The wife of the latter, Professor Hernandez, was one of the Commissioners of the Feliciano
    Commission which submitted its Report recommending, among others, the prosecution of petitioner.

    According to petitioner, while Professor Hernandez was not directly "pecuniarily interested" in the
    case, pursuant to Sec.1, Rule 137 of the Rules of Court she was more than so interested in them
    because as an appointee of President Arroyo, she was receiving emoluments to monitor the progress
    of the cases and to see to it that the recommendations of the Feliciano Commission are fulfilled.

    Issue:

    Whether or not petitioner is correct in his contention that respondent judge should inhibit himself from
    the case.

    Ruling:

    No. Petition was denied. The mere imputation of bias or partiality is not enough ground for inhibition,
    especially when the charge is without basis. Extrinsic evidence must further be presented to establish
    bias, bad faith, malice, or corrupt purpose, in addition to palpable error which may be inferred from
    the decision or order itself. The relationship mentioned Sec. 1, Rule 137 of the Rules of Court
    becomes relevant only when such spouse or child of the judge is "pecuniarily interested" as heir,
    legatee, creditor or otherwise. There was an absence of proof to the petitioner.

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