Go v CA; G.R. No. 106087; 07 Apr 1993; 221 SCRA 397

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Petitioner was arrested and booked for frustrated murder but the information was upgraded to murder following the victim’s death. Respondent judge initially allowed petitioner to post bail but later recalled the order, directed petitioner to surrender and cancelled the order granting leave for the prosecutor to conduct a preliminary investigation. Petitioner then filed a motion to suspend proceedings and transfer verue outside of Metro Manila which was denied. Respondent judge also denied petitioner’s motion for recusation.

Whether or not respondent judge should inhibit from the case for being partial to the prosecution.

NO. The divergence of opinions between a judge hearing a case and a party’s counsel, as to applicable laws and jurisdiction, is not a sufficient ground to disqualify the judge from hearing the case on the ground of bias and manifest partiality.

Motion for reconsideration is DENIED with FINALITY.

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