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Republic of The Philippines: Notice

The Supreme Court issued a resolution denying the petition filed by Metropolitan Bank and Trust Company (Metropolitan) and affirming the decision of the Court of Appeals. The Supreme Court found that Metropolitan failed to sufficiently prove that the presiding judge committed grave abuse of discretion in denying Metropolitan's motion to recuse. Specifically, Metropolitan did not prove how the judge's actions in two criminal cases would affect his impartiality in other cases involving Metropolitan. A judge's voluntary inhibition is discretionary, and mere imputation of bias is not enough; there must be a clear showing of arbitrary acts.

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100 views2 pages

Republic of The Philippines: Notice

The Supreme Court issued a resolution denying the petition filed by Metropolitan Bank and Trust Company (Metropolitan) and affirming the decision of the Court of Appeals. The Supreme Court found that Metropolitan failed to sufficiently prove that the presiding judge committed grave abuse of discretion in denying Metropolitan's motion to recuse. Specifically, Metropolitan did not prove how the judge's actions in two criminal cases would affect his impartiality in other cases involving Metropolitan. A judge's voluntary inhibition is discretionary, and mere imputation of bias is not enough; there must be a clear showing of arbitrary acts.

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Copyright
© © All Rights Reserved
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REPUBLIC OF THE PHILIPPINES


SUPREME COURT
Manila

SECOND DIVISION

NOTICE
Sirs/Mesdames:

Please take notice that the Court, Second Division, issued a Resolution
dated 07 December 2020 which reads as follows:

"G.R. No. 253573 (Metropolitan Bank and Trust Company v. Hon.


Brigido Artemon M. Luna II, in his capacity as Presiding Judge of Branch
196 of the Regional Trial Court of Parafiaque City, Arlen S. Morales, and
Phoebe A. Gabuya). - The Court NOTES the manifestation dated 16
November 2020 of counsel for petitioner Metropolitan Bank and Trust Company
(petitioner), stating that in its motion for extension, petitioner asked for a period
of thirty (30) days from the expiration of reglementary period or until 12
November 2020, within which to file a petition; however, it was unable to file
and serve the petition within the requested period because of the work
suspensions in all courts in the NCJR on 12 and 13 November 2020 due to
Typhoon Ulysses, and begging the kind indulgence of the Court in filing the
petition on 16 November 2020 given such circumstances.

After a judicious study of the case, the Court resolves to DENY the
instant petition 1 and AFFIRM the October 30, 2019 Decision2 and the
September 9, 2020 Resolution3 of the Court of Appeals (CA) in CA-G.R. SP No.
157088 for failure of petitioner to sufficiently show that Hon. Brigido Artemon
M. Luna II (Judge Luna), in his capacity as Presiding Judge of Branch 196 of the
Regional Trial Court of Parafiaque City, committed grave abuse of discretion in
denying petitioner' s Motion to Recuse. 4

As correctly ruled by the CA: (a) petitioner failed to prove with clear and
convincing evidence how Judge Luna's actions in Criminal Case Nos. 2016-
1343 and 2016-1344 would affect his impartiality in resolving the other criminal
cases involving petitioner and private respondents Arlen S. Morales and Phoebe
A. Gabuya; and (b) since voluntary inhibition is discretionary, the sitting judge is
in the best position whether or not to hear the case and that should be respected,
in the interest of justice and equity, and public interest. It is settled that mere

Rollo, pp. 17-4 1.


Id. at 50-55. Penned by Associate Justice Germano Francisco D. Legaspi with Associate Justices
Remedios A. Salazar-Fernando and Samuel H. Gaerlan (now a member of the Court), concurring.
Id. at 56-58. Penned by Associate Justice Germano Francisco D. Legaspi with Associate Justices
Remedios A. Salazar-Fernando and Geraldine C. Fiel-Macaraig, concuning.
Id. at 42 1-427.

(178)URES - more -
lc/4
Resolution -2-
- G.R. No. 253573
December 7, 2020

imputation of bias and partiality is not enough for a judge to inhibit himself.
There must be a clear showing of acts indicative of arbitrariness,5 which
petitioner failed to show in this case.

SO ORDERED. (Rosario, J, designated Additional Member per Special


Order No. 2797 dated November 5, 2020.)"

By authority of the Court:


-- ---

l
1
QUINO TUAZON
lerk of Court liM•
0 8JAN 2021 l/&

ANGARA ABELLO CONCEPCION


REGALA & CRUZ (reg)
Counsel for Petitioner
22nd Floor, ACCRALAW Tower
Second Avenue cor. 30th St. JUDGMENT DIVISION (x)
Crescent Park West, Bonifacio Global _C ity Supreme Court, Manila
0399 Taguig City
PUBLIC INFORMATION OFFICE (x)
PUBLIC ATTORNEY'S OFFICE (reg) LIBRARY SERVICES (x)
Special & Appealed Cases Service [For uploading pursuant to A.M. No. I 2-7-1-SC]
Department of Justice
PAO-DOJ Agencies Building OFFICE OF THE CHIBF ATTORNEY (x)
NIA Road comer East A venue OFFICE OF THE REPORTER (x)
1104 Diliman, Quezon City Supreme Court, Manila

HON. PRESIDING JUDGE (reg) COURT OF APPEALS (x)


Regional Trial Court, Branch 196 Ma. Orosa Street
Parafiaque City Ermita, 1000 Manila
(Crim. Case Nos. 2016-0199,2016-1332 to 38; CA-G.R. SP No. 157088
2016-0231/32;2016-1767/69;2016-1770/71;
2016-1780/81;2016-l 784/5;2016-1788/9; Please notify the Court of any change in your address.
2016-179 l/2;2016-1795/96) GR253573. 12/07/2020(178)URES

..
See Pagoda Philippines, Inc. v. Universal Canning, Inc. _,509 Phil. 339, 346 (2005).

(178)URES
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