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JOSE MARIA ANTONIO FERNANDEZ v. JUDGE JULIO PRESBITERO

This case has been cited 1 times or more.

2004-07-20
PER CURIAM
As we noted in Perez v. Suller,[12] the rule on disqualification of judges under Rule 3.12 and Rule 137, Section 1 [S]tems from the principle that no judge should preside in a case in which he is not wholly free, disinterested, impartial and independent. A Judge should not handle a case in which he might be perceived to be susceptible to bias and partiality. The rule is intended to preserve the people's faith and confidence in the courts of justice. True, a judge should possess proficiency in law so that he can competently construe and enforce the law. However, it is more important that he should act and behave in such a manner that the parties before him have confidence in his impartiality.[13] Indeed, even conduct that gives rise to the mere appearance of partiality is proscribed.[14]