Friday, March 2, 2012

Judge may propound questions - A.M. No. RTJ-11-2298

A.M. No. RTJ-11-2298

"X X X.

On the charge of violation of Canon 1 of the Code of Judicial Conduct, we find the same bereft of merit. A judge may properly intervene in the presentation of evidence to expedite and prevent unnecessary waste of time and clarify obscure and incomplete details in the course of the testimony of the witness.12 In City of Cebu v. Gako,13 the Court finds nothing irregular when respondent judge unduly arrogated unto himself the duty of a counsel by calling a witness to the stand and conducting the latter’s direct testimony even if the respective counsels were not interested or did not intend to present said person as their witness. Here, the records show that respondent judge merely propounded questions to elicit relevant facts from the witness respondents. The Transcript of Stenographic Notes, by itself, was not sufficient to show bias or partiality. It has been held that the Court has to be shown acts or conduct of the judge clearly indicative of arbitrariness or prejudice before the latter can be branded the stigma of being biased and partial.14

x x x."


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