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- Title
The Theory of Judicial Impartiality and the Case of Republic v Chief Justice Sereno.
- Authors
Fernandez, Gemmo Bautista
- Abstract
The paper examines the concept of judicial impartiality in relation to the recusals sought in the case Republic v Chief Justice Sereno. It argues that the Philippine Supreme Court committed an error in denying the requests. The paper begins by providing the background to the case and outlines the attempts to oust Chief Justice Sereno, the events surrounding those proceedings, and the filing of the quo warranto petition itself. It then delves into the requests for recusal made by Sereno and how the Court resolved the issue. Next, the paper considers the concept of judicial independence in relation to the view of laws as 'social rules', along with authority of courts to adjudicate. It argues that lapses and questionable conduct and procedure tend to erode confidence on the judiciary. It questions the procedure in deciding cases of recusal that allows the very judge whose disqualification is sought to decide the propriety of his or her recusal. The paper next argues that it is not sufficient for judges to be impartial, they must also appear impartial, and analyses how courts approach the question of the appearance of bias. The paper presents the merits of the test of objective bias that lies in the relative objectivity of its application thereby making the assessment of impartiality more workable and less capricious. The paper examines the test employed by the Court that failed to account for the appearance of bias to a fair-minded observer, notwithstanding that this test had already been recognised in Philippine case law. Given these two problems, the paper notes that procedurally, the Court's approach failed to promote the standard that 'justice must not only be done but manifestly be seen to have been done'.
- Subjects
PHILIPPINES; JUDICIAL impartiality; PHILIPPINES. Supreme Court; SERENO, Maria Lourdes Aranal, 1960-; JUDICIAL recusal; JUDGE-made law; LAW
- Publication
Australian Journal of Asian Law, 2019, Vol 19, Issue 2, p1
- ISSN
1443-0738
- Publication type
Article