Tuesday, August 9, 2011

Inhibition is judicial in nature, not administrative matter. - A.M. No. RTJ-11-2261

A.M. No. RTJ-11-2261
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" On the other hand, we see no reason for this Court to look into the rest of the allegations of the complainant. The issue concerning the assessment of witness and filing fees had already been passed and ruled upon by the CA in a judicial proceeding. Also, the allegations of bias and partiality of respondent judge in connection with the denial of the motions of inhibition filed by complainant are matters which are judicial in character and may not be addressed in this administrative complaint. Orders of inhibition are not administrative in character; they are judicial in nature.[16] Thus, the propriety of the action of the judge in denying the motions for inhibition should have been raised in a judicial proceeding and not in this administrative action."