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Mateo, et al. vs. Villaluz

MANUEL MATEO, JR., ROBERTO MARTINEZ alias RUBEN MARTINEZ, ENRIQUE CONCEPClON and ESMERALDO CRUZ, petitioners, vs. HON. ONOFRE VILLALUZ, as Judge of the Circuit Criminal Court, Seventh Judicial District, respondents.

G.R. Nos. L-34756-59 | 1973-03-31

D E C I S I O N

FERNANDO, J:

The novel issue presented in this prohibition proceeding arose from the gnawing fear that the prized ideal of "the cold neutrality of an impartial judge" 1 implicit in the due process guarantee may be set at naught. Petitioners are among being tried by respondent Judge for the offense of robbery in band with homicide. Thereafter, an extrajudicial statement by one Rolando Reyes, who was later on likewise indicted for the same offense, implicating petitioners, was subscribed before respondent Judge. That was the background of a motion for his disqualification, as the aforesaid Rolando Reyes, when called upon to...