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Palang vs. Hon. Zosa

BASILIO S. PALANG, petitioner, vs. HONORABLE MARIANO A. ZOSA, Judge of the Court of First Instance of Cebu, Branch V, and JULIETO P. HERRERA, respondents.

G.R. No. L-38229 | 1974-08-30

R E S O L U T I O N

FERNANDO, J:

This petition for certiorari and prohibition was predicated on the fear and the misgivings that the trial judge, respondent Mariano A. Zosa, may find it difficult to live up to the ideal set forth in Gutierrez v. Santos. The due process clause requires a "hearing before an impartial and disinterested tribunal, . . . every litigant [being] entitled to nothing less than the cold neutrality of an impartial judge." 1 Briefly, the basis of the complaint was that after respondent Judge had acquitted private respondent Julieto P. Herrera of the crime of estafa, with the statement in his opinion that the...