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Bautista Vs Rbueno
Bautista Vs Rbueno
Facts:
This mandamus proceeding seeks to compel respondent Judge Alfredo S. Rebueno of the Court of
First Instance of Naga City, Branch IV, to continue trying a civil case assigned to his sala, the issue
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raised being that his Order disqualifying himself amounted to a grave abuse of discretion based as it
was on a ground other than that provided for in the Rules of Court.
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It is by virtue of rule 137 that respondent Judge in the exercise of sound discretion disqualified
himself, granting a motion to that effect of private respondent, a defendant in such case. In such
motion reference was made to certain "attendant circumstances, particularly the fact that he
[respondent Judge] is a townmate and distant relative of plaintiff, [giving rise to the] strong possibility
that whatever his actuations are in the instant case and any of its incidents, [he] might be suspected
of being partial to plaintiff; ... . Notwithstanding an opposition filed by petitioner on the ground that
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the reason alleged is not one of those provided for by law respondent Judge issued an Order
disqualifying himself and thereafter denied a motion for its reconsideration.
Issue: Whether or not Judge Rebueno’s reasons in disqualifying himself to try a case assigned to his
sala, is admissible as grounds provided by the rules of court and constitutes grave abuse of
discretion.
Ruling:
Respondent Judge clearly acted in accordance with its terms. He exercised a discretion conferred
on hint.
"The commitment of this Court to a strict application of the procedural due process mandate of every
litigant being entitled, to follow the language of Gutierrez, to 'nothing less than the cold neutrality of
and impartial judge' is firm and deep-seated." It has found explicit affirmation in the Rule set forth
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above.