This case has been cited 1 times or more.
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2013-01-15 |
PERLAS-BERNABE, J. |
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| In this case, AMALI had already filed a petition for review on certiorari[22] challenging the questioned order of the respondent CA Justices, which is still pending final action by the Court. Consequently, a decision on the validity of the proceedings and propriety of the orders of the respondent CA Justices in this administrative proceeding would be premature.[23] Besides, even if the subject decision or portions thereof turn out to be erroneous, administrative liability will only attach upon proof that the actions of the respondent CA Justices were motivated by bad faith, dishonesty or hatred, or attended by fraud or corruption,[24] which were not sufficiently shown to exist in this case. Neither was bias as well as partiality established. Acts or conduct of the judge clearly indicative of arbitrariness or prejudice must be clearly shown before he can be branded the stigma of being biased and partial. In the same vein, bad faith or malice cannot be inferred simply because the judgment or order is adverse to a party.[25] Here, other than AMALI's bare and self-serving claim that respondent CA Justices "conspired with WWRAI's counsel in knowingly and in bad faith rendering an unjust judgment and in committing x x x other misconduct,"[26] no act clearly indicative of bias and partiality was alleged except for the claim that respondent CA Justices misapplied the law arid jurisprudence. Thus, the presumption that the respondent judge has regularly performed his duties shall prevail. Moreover, the matters raised are best addressed to the evaluation of the Court in the resolution of AMALI's petition for review on certiorari. | |||||