CA upholds judge decision not to inhibit from Abalos case
MANILA, Philippines—The Court of Appeals agreed with the decision of Pasay City Regional Trial Court Branch 112 Judge Jesus Mupas not to inhibit from handling the electoral sabotage case of former Commission on Elections (Comelec) chairman Benjamin Abalos.
In a 10-page decision, the appeals court special 17th division through Associate Justice Manuel Barrios said they could not see any ground or reason for Judge Mupas to inhibit.
The Court of Appeals. CONTRIBUTED PHOTO/COURT OF APPEALS WEBSITE
“We share respondent judge’s finding that petitioner’s assertions are premised on conjectures and imagined faults and fears that are not founded on solid facts. There is absolutely no proof that respondent judge sent emissaries to see petitioner, nor that the former issued biased rulings adverse to petitioner because he did not affirmatively respond to the proposition of these emissaries,” the appeals court.
Abalos sought Mupas’ inhibition for fear of bias after he turned down two emissaries allegedly sent by Mupas. The emissaries, one Atty. May Mercado, allegedly asked for P1-million in exchange for the judge’s leniency and speedy approval of his bail. Another emissary, a certain Jojo Desiderio, met with Abalos asking for P15-million so he can be out on bail.
The appeals court said Abalos failed to show the judge’s connection with Atty. Mercado and Desiderio.
The court added that Abalos also failed to show concrete proof that Mupas is biased against Abalos.
“Mere suspicion of bias and prejudice cannot be a valid reason for voluntary inhibition. So, also, bare allegations of partiality will not suffice in the absence of clear and convincing evidence to overcome the presumption that a judge will undertake his noble role to dispense justice according to law and evidence without fear or favor,” the appeals court added.
Abalos is facing a case for electoral sabotage for allegedly rigging the 2007 senatorial election in North Cotabato.
Both parties have already rested its case and the court has already submitted the case for resolution.
Abalos is currently out on P1-million bail after Mupas granted his bid.
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