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GR 127262: Webb, et al. VS RJ Amelita G. Tolentino and Court of Appeals Facts of the Case Webb, et al.

Claims that respondent judge is biased because: 1. RJ released statements, whether real or imagines, against the defendants. 2. It was observed by the defense that RJ would constantly side with the prosecution. a. Approved to remove Alforos April 28 affidavit was moved from records. b. Sustained objections which called some of the defenses questions irrelevant c. RJ rejected Webbs motion for Hospitalization d. RJ ordered ocular inspection to be done in Webbs home to verify witness account e. Oral evidence made by Atty. Aguirre was allegedly struck off the record f. Atty. Rivera was allowed to testify on the character of the accused despite the fact that his character was not made an issue 3. RJ accepted only 10 of the 142 evidence exhibits. 4. The visitation of the Vizconde home showed propensity to consort with complainant. CA overturned only the motion which removes Alforos April 28 affidavit from the record. Webb et al. Forwarded their complaints to the SC. Held The SC sided with the RJ and the CA. Ratio According to Section 1 Rule 137 of the Revised Rules of Court, judges will only be disqualified if they are an interested party in the case or if they are, within a certain degree related to the party or counsel. Furthermore, the petitioners evidence consist mainly of alleged adverse or erroneous rulings of RJ on their motions. It does not prove that bias and prejudice stemmed from an outside source; it does not prove that the judge was merely acting on an opinion formed during the course of juridical proceedings. The SC ruled that to truly prove bias, extrinsic evidence is required.

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