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Motion For Voluntary Inhibition

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Von Angelo Suya
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60 views2 pages

Motion For Voluntary Inhibition

Uploaded by

Von Angelo Suya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT


National Capital Judicial Region
Branch _______, _________ City

NAME OF PLAINTIFF,
Plaintiff,
______ Case No. ______
- versus - For: ______________________

NAME OF DEFENDANTS,
Defendant/s.
x-----------------------------------------------
--x

MOTION FOR VOLUNTARY INHIBITION

The ________________ and with due respect to this Honorable Court, most
respectfully moves for the INHIBITION OF THE HONORABLE PRESIDING
JUDGE from the consideration of the above-entitled case.

Based on our records:

Section 1, Rule 137 of the Rules of Court provide that:

Section 1. Disqualification of judges. — No judge or judicial officer shall sit


in any case in which he, or his wife or child, is pecuniarily interested as heir,
legatee, creditor or otherwise, or in which he is related to either party within
the sixth degree of consanguinity or affinity, or to counsel within the fourth
degree, computed according to the rules of the civil law, or in which he has
been executor, administrator, guardian, trustee or counsel, or in which he has
been presided in any inferior court when his ruling or decision is the subject
of review, without the written consent of all parties in interest, signed by
them and entered upon the record.

A judge may, in the exercise of his sound discretion, disqualify himself


from sitting in a case, for just or valid reasons other than those
mentioned above.1

Furthermore, Sections 1 and 5 of the New Code for Judicial Conduct 2 as to


voluntary inhibition states that:

1
Emphasis supplied.
2
A.M. No. 03-05-01-SC (2004).

1
SECTION 1. Judges shall perform their judicial duties without favor, bias or
prejudice.
xxx

SEC. 5. Judges shall disqualify themselves from participating in any


proceedings in which they are unable to decide the matter impartially or in
which it may appear to a reasonable observer that they are unable to decide
the matter impartially x x x

Plaintiff therefore urges the Honorable Presiding Judge to voluntarily inhibit


from the case, exercising his sound discretion on the matter.

PRAYER

WHEREFORE, it is most humbly prayed that this Honorable Court:

1. Resolve the instant Motion for Voluntary Inhibition; and


2. Recuse himself from further proceeding with the case, and order the
instant case be re-raffled.

Other reliefs, just and equitable under the premises are likewise prayed for.

__________ City for _________ City, _____________

LAWYER
PTR No.
IBP No.
MCLE No.
Roll No.

COPY FURNISHED

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