ANTONIO M. LORENZANA vs. JUDGE MA. CECILIA I. AUSTRIA,
Regional Trial Court, Branch 2, Batangas City, A.M. No. RTJ-09-2200, April 2,
2014 (formerly OCA I.P.I. No. 08-2834-RTJ)
“x x x.
On the Charges of Grave Bias and Partiality
We likewise find the allegations of bias and
partiality on the part of the respondent baseless. The truth about the
respondent’s alleged partiality cannot be determined by simply relying on the
complainant’s verified complaint. Bias and prejudice cannot be presumed, in
light especially of a judge’s sacred obligation under his oath of office to
administer justice without respect to the person, and to give equal right to
the poor and rich. There should be clear and convincing evidence to prove
the charge; mere suspicion of partiality is not enough.
In the present case, aside from being speculative and
judicial in character, the circumstances cited by the complainant were grounded
on mere opinion and surmises. The complainant, too, failed to adduce proof
indicating the respondent’s predisposition to decide the case in favor of one
party. This kind of evidence would have helped its cause. The bare allegations
of the complainant cannot overturn the presumption that the respondent acted
regularly and impartially. We thus conclude that due to the complainant’s
failure to establish with clear, solid, and convincing proof, the allegations
of bias and partiality must fail.
X x x.”
