This case has been cited 4 times or more.
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2010-03-10 |
LEONARDO-DE CASTRO, J. |
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| Specifically, the instant case calls to our mind Calderon v. Solicitor General,[80] wherein the petitioner in the special civil actions of certiorari and mandamus was the same judge whose orders were reversed by the appellate court. Being a nominal party, the petitioner therein was declared to be without legal standing to file the petitions involved. In no uncertain terms, the Court stated that: Judge Calderon should be reminded of the well-known doctrine that a judge should detach himself from case where his decision is appealed to a higher court for review. The raison d'etre for such doctrine is the fact that the judge is not an active combatant in such proceeding and must leave the opposing parties to contend their individual positions and the appellate court to decide the issues without his active participation. By filing this case, petitioner in a way has ceased to be judicial and has become adversarial instead. | |||||
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2010-02-16 |
VELASCO JR., J. |
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| It is an established doctrine that judges should detach themselves from cases where their decisions are appealed to a higher court for review. The raison d'etre for such a doctrine is the fact that judges are not active combatants in such proceeding and must leave the opposing parties to contend their individual positions and the appellate court to decide the issues without the judges' active participation.[17] When judges actively participate in the appeal of their judgment, they, in a way, cease to be judicial and have become adversarial instead.[18] | |||||
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2008-12-18 |
CARPIO MORALES, J. |
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| Upon receipt of a case certified to him, the Solicitor General exercises his discretion in the management of the case. He may start the prosecution of the case by filing the appropriate action in court or he may opt not to file the case at all. He may do everything within his legal authority but always conformably with the national interest and the policy of the government on the matter at hand.[24] | |||||
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2007-11-23 |
CHICO-NAZARIO, J. |
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| It is a well-known doctrine that a judge should detach himself from cases where his decision is appealed to a higher court for review. The raison d'etre for such doctrine is the fact that a judge is not an active combatant in such proceeding and must leave the opposing parties to contend their individual positions and the appellate court to decide the issues without his active participation. When a judge actively participates in the appeal of his judgment, he, in a way, ceases to be judicial and has become adversarial instead.[26] | |||||