Friday, August 24, 2012

Bias must be proved. - sc.judiciary.gov.ph/jurisprudence/2012/august2012/178288.pdf

sc.judiciary.gov.ph/jurisprudence/2012/august2012/178288.pdf

"x x x.


We also find that personal bias and prejudgment cannot be inferred from the alleged breach of internal rules.  It is settled that clear and convincing evidence is required to prove bias and prejudice.

  Bare allegations and mere suspicions of partiality are not enough in the absence of evidence to overcome the presumption that a member  of the court will undertake his noble role to dispense justice according to law and evidence and without fear or favor.

  Moreover, no acts or conduct of the  division or the  ponente was shown to indicate any arbitrariness against the spouses Fortaleza.  What is extant is that the opinions formed in the
course of judicial proceedings are all based on the evidence presented.

x x x."