Ruling tainted by a judge’s grudge can be set aside PDF Print E-mail
Wednesday, 19 September 2018 12:37

KAKAMPI MO ANG BATAS

BY ATTY.  BATAS MAURICIO

LIFE’S INSPIRATIONS: “… `Holy Father, protect them by the power of Your name, the name You gave me, so that they may be one as we are one’…” (Jesus, our God and Savior, in John 17:11, the Holy Bible)

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DETAILS SORELY LACKING IN REPORTS ON PALPARAN VERDICT: There is one thing that sorely stood out and which bothered me no end about the news reports on the life sentence imposed as a penalty on former Maj. Gen. Jovito Palparan in connection with the kidnapping of two lady students of the University of the Philippines---the reports inexplicably did not contain the details of the judgment, particularly on the whys and the wherefores why he was found guilty.

When I was then a court reporter of the newspaper Daily Express, it had always been drilled on us, reporters, by our editor then, Mr. Enrique Pocholo Romualdez, to make sure we included in the news reports that we were writing at least the gist of the reasons relied upon by the courts in their judgments---whether the verdict was guilty or not guilty.

Indeed, it is of paramount importance that people who read the news must immediately be informed of the evidence that were given weight, or which were brushed aside by the courts, like that of the court of Judge Alexander Tamayo of the Bulacan Regional Trial Court in its judgment against Palparan. The truth is that, reporters and news organizations owe it to the public to dish out only stories which has clear narration of facts.

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PROOFS OFFERED BY JESUS THAT HE IS GOD THE FATHER, SON, AND HOLY SPIRIT (VII): From the birth of Jesus as a baby boy in a “stable, old and forlorn” up to and until His crucifixion and death on the cross, each and every event where He figured in while He was yet in this world of human beings clearly demonstrated who He really is---that He was not a human being but He was in fact God Himself---Father, Son, and Holy Spirit.

And so this matter is made a little more clear---that Jesus is God the Father, Son, and Holy Spirit---we shall discuss in this column, starting today, the different events in His “life” here on earth which prove that He is God the Father, Son, and Holy Spirit. We hope all of our readers here will pay close attention to this discussion. Any reaction is welcome, especially those in refutation of what I am saying.

First off, let us deal with the announcement of His coming down to earth from heaven, in the form of man with flesh and blood.

Based on our earlier columns, there are several important verses from the Bible that announce His coming to earth---Genesis 3:15, Isaiah 7:14 and 9:6, Matthew 1:18-25, Luke 1:26-27, and John 1:1-14. In all these, the proclamation is clear---Jesus is God the Father who came to earth so He Himself could accept the penalty that should have been given to man for his sinfulness.

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RULING TAINTED BY A JUDGE’S GRUDGE CAN BE SET ASIDE: Here is a question from someone who wants to be known only as Allan, which is actually a follow-up on our item about a judge who was criticized severely by a litigant in a case pending before the judge’s sala:

“Atty Batas, what will happen if the judge who had been criticized by a litigant refuses to transfer the case to another court? Does the judgment that the judge will issue have any validity?”

Here is the answer from the LAWYERS IN THE LIGHT (Lawyers Instructed on Godliness, Humility, and Truth): According to a landmark case dealing with the right of party litigants to have an impartial and fair judge issuing the judgment in their cases, it would appear that the judgment of the judge who was criticized severely by a litigant would not be valid and would have no effect at all. Indeed, a judgment issued by a judge based on a grudge can violate the litigant’s Constitutional right to due process.

Because of that, the judgment issued by the judge who was criticized can be set aside, especially if there is ample evidence showing that that judge harbored a grudge against the party litigant to severely criticized him or her before. As it were, because the Constitutional right to due process of the litigant was violated by the judgment of the criticized judge, that litigant can ask, at the proper time, that said judgment be set aside.

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