This case has been cited 2 times or more.
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2007-07-03 |
NACHURA, J. |
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| This Court also notes that in Re: Inhibition of Judge Eddie R. Rojas, RTC, Branch 39, Polomolok, South Cotabato in Crim. Case No. 09-5668,[25] Judge Rojas was already fined P10,000.00 for failure to inhibit himself for a period of almost one-and-a-half years in a criminal case where he previously appeared as public prosecutor, contrary to the mandatory norm of impartiality. He presided in the said case without the written consent of all parties in interest, in violation of Section 1, Rule 137 of the Rules of Court. In that case, he was also sternly warned that the commission of the same or a similar breach would merit a higher penalty. | |||||
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2002-02-27 |
QUISUMBING, J. |
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| In Re: Inhibition of Judge Eddie R. Rojas, RTC-Br. 39, Polomolok, South Cotabato,[11] we held:…According to Black's Law Dictionary, to "sit" in a case means "to hold court; to do any act of a judicial nature. To hold a session, as of a court, grand jury, legislative body, etc. To be formally organized and proceeding with the transaction of business". The prohibition is thus not limited to cases in which a judge hears the evidence of the parties but includes as well cases where he acts by resolving motions, issuing orders and the like… (Emphasis in the original.) Evidently, the disqualification applies even to the preliminary investigation stage where the judge would have to act on a set of facts presented to him and determine whether or not there is probable cause to charge an accused. | |||||