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PEOPLE V. MENDOZA
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'rosecutor 3Judge lum(a6 in this case (efore he #as a''ointed to the (ench
LAI v. PEOPLE July 1, 2014 | Bersamin J. | Rights of the Accused Digester: Bea, Aleis
CA: Airmed R&+ decision SUMMARY: !elson "ai #as accused to ha$e shot %illanue$a. &he 'u(lic 'rosecutor for this case e$entually (ecame the trial )udge to decide it. Judge says that it #as actually a 'ri$ate 'rosecutor #ho 'ersonally 'rosecuted the case and his 'artici'ation #as merely 'assi$e. *+ held that Judge lum(a could not (e said to ha$e decided the case #ithout (ias and #ith im'artiality. DOCTRINE: *ec. - +anon of the !e# +ode of Judicial +onduct 'ertinently demands the dis/ualication of a )udge #ho 're$iously ser$ed as a la#yer for any of the 'arties CRIME: omicide ACTION: Assails the airmance of his con$iction (y the +A 3did not say 5! 'etition for certiorari6
RULING: +ourt A!!<"* and *&* A*=D 'romulgated decision of the +A> =nstructs the ne# trial )udge to resume the trial Whether or not !e pro"e## $a# en%e &e"a!#e o' the non( %#)!al%*"at%on o' +!,e El!-&a pre!%"e the pet%t%oner/# r%,ht to a 'a%r an %-part%al tr%al 0 YES 9etitioner 3"ai6 'ointed out the need for said Judge to (e dis/ualied in his ?R (ut the latter ignored his concerns u'on the ecuse that he had a''eared only after the 9rosecution had rested its case o Judge lum(a: did not 'ersonally 'rosecute the case o 9etitioner should ha$e sought dis/ualication 'rior to the rendition of )udgment con$iction An essential 'art of the right is to due 'rocess of la# is the right to (e aorded a )ust and fair trial (efore his con$iction of any crime: Any $iolation of the right cannot (e condoned for the o im'artiality of the )udge #ho sits and hears a case is an indis'ensa(le re/uisite of 'rocedural due 'rocess Ado'tion of the rules for the dis/ualication of )udges from hearing and deciding cases should there (e any cause that diminishes or negates their im'artiality is a rm means of ensuring their im'artiality as )udges Rule 1@, *ec. 1 of R5+ em(odies the rule on self dis/ualication (y a sitting )udge
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FACTS: &he $ictim 3nrico %illanue$a Jr.6 #ith his friends #ere seated inside the 'assenger )ee'ney o#ned (y !elson "ai #hich #as 'ar7ed in a corner #hile #aiting for a female friend #ho #as su''osed to arri$e at 8'm "ai suddenly a''roached the $ehicle and ordered all #ho #ere seated inside to alight therefrom After all of them ha$e alighted, "ai gra((ed %illanue$a (y the arm and accused the latter of stealing the antenna o %illanue$a freed himself and ran a#ay to the house of +risto'her 9adigos #here he stayed until 11'm to go to a (enet dance At the dance 3#hile %illanue$a #as dancing the chacha6, chacha6, "ai stood immediately in front of %illanue$a A (ro#nout suddenly occurred and after the lights #ent out, a s'ar7 #as seen and a gunshot rang out o %illanue$a #as found (loodied "ai #as identied (y #itnesses as the shooter RTC: ;uilty of homicide Appeal to CA: "ai #as de'ri$ed of due 'rocess #hen this case #as decided (y the honora(le 'residing )udge #ho acted as the 'u(lic •
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&he mere a''earance of his name as the 'u(lic 'rosecutor in that s'ecic case suiced to dis/ualify Judge lum(a from sitting and deciding the case o a$ing re'resented the *tate in the 'rosecution of the 'etitioner, he could not sincerely claim neutrality or im'artiality as the trial )udge #ho #ould continue to hear the case &hat his 'artici'ation #as 'assi$e or that he entered his a''earance long after the 9rosecution had rested its case against 'etitioner did not really matter o
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&he e$il sought to (e 'r e$ented (y the rules on dis/ualication had no relation #hatsoe$er #ith the )udges degree of 'artici'ation in the case (efore (ecoming the )udge &he fact that it #as a 'ri$ate 'rosecutor #ho 'ersonally a''eared in the case is irrele$ant since said 'ri$ate 'rosecutor #as still under his direct control and su'er$ision