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Judge won’t inhibit self in case vs Big 3

By Tetch Torres
INQUIRER.net
First Posted 12:09:00 11/25/2009

Filed Under: Oil & Gas - Downstream activities, Consumer Issues, Laws

MANILA, Philippines?Manila City Regional Trial Court Branch 126 Judge Silvino Pampilo Jr. on Wednesday rejected the petition to inhibit himself from handling the case filed by the Social Justice Society against the so-called Big 3.

In his order issued today and announced in open court in this morning's hearing, Pampilo said Petron Corporation and Pilipinas Shell Corporation failed to provide evidence of his bias and partiality.

"For failure of the respondents to prove with substantial evidence the allegations of bias and partiality, the instant motion is hereby denied," he said.

The two oil firms sought Pampilo's inhibition from the case alleging that the judge's actuations, conduct, and pronouncements have caused them to lose "faith and confidence? that they would have ?a fair and impartial resolution of the case.?

Citing a Supreme Court decision, Pampilo said, "For bias and prejudice to be considered valid reasons for the voluntary inhibition of judges, mere suspicion is not enough."

The oil companies questioned the jurisdiction of the court over the Social Justice Society's petition, saying that the price adjustments were not illegal or prohibited unless in clear cases of monopoly, trade restraints, and cartelization.

The oil firms also said that under the Oil Deregulation Law, the Department of Energy-Department of Justice Task Force has the exclusive jurisdiction to investigate and determine oil price violations, not the trial court.



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