Scribd Logo
Upload

Welcome to Scribd!

  • Bautista Vs Rbueno

    Uploaded by

    Cherry Bepitel
    403 views1 page
    1. This case concerns a petition seeking a writ of mandamus to compel a judge to continue presiding over a civil case. 2. The respondent judge disqualified himself from the case based on a motion stating he was a distant relative of the plaintiff and there was a possibility of bias. 3. The issue is whether the judge's reasons for disqualifying himself were proper grounds under the rules of court and constituted an abuse of discretion. 4. The Supreme Court ruled that the judge acted within his discretion in disqualifying himself to ensure neutrality and impartiality, as required by procedural due process.

    Original Description:

    Bautista vs Rebueno

    Original Title

    1. Bautista vs Rbueno

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    1. This case concerns a petition seeking a writ of mandamus to compel a judge to continue presiding over a civil case. 2. The respondent judge disqualified himself from the case based on a motion stating he was a distant relative of the plaintiff and there was a possibility of bias. 3. The issue is whether the judge's reasons for disqualifying himself were proper grounds under the rules of court and constituted an abuse of discretion. 4. The Supreme Court ruled that the judge acted within his discretion in disqualifying himself to ensure neutrality and impartiality, as required by procedural due process.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    403 views1 page

    Bautista Vs Rbueno

    Uploaded by

    Cherry Bepitel
    1. This case concerns a petition seeking a writ of mandamus to compel a judge to continue presiding over a civil case. 2. The respondent judge disqualified himself from the case based on a motion stating he was a distant relative of the plaintiff and there was a possibility of bias. 3. The issue is whether the judge's reasons for disqualifying himself were proper grounds under the rules of court and constituted an abuse of discretion. 4. The Supreme Court ruled that the judge acted within his discretion in disqualifying himself to ensure neutrality and impartiality, as required by procedural due process.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    1.

    FRANCISCO M. BAUTISTA, petitioner,


    vs.
    HON. ALFREDO S. REBUENO, JUDGE OF THE COURT OF FIRST INSTANCE OF NAGA CITY,
    BRANCH IV and IRENE P. MARIANO, respondents.

    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
    1

    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.

    3
    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
    4

    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
    8

    above.

    You might also like