State prosecutors from the Office of the Ombudsman have submitted a 69-page motion requesting Sandiganbayan Associate Justice Ronald Moreno to voluntarily recuse himself from the ongoing malversation proceedings involving former Senator Ramon “Bong” Revilla Jr., citing concerns over his conduct during witness examinations.
Moreno previously served as one of the two justices who voted to grant bail to Revilla in connection with the case.
The prosecution argued in their filing that the magistrate’s clarificatory inquiries during court sessions constituted improper behavior toward government witnesses.
“In particular, Justice Moreno’s demeanor and questions to the witnesses were apparently unfair, unreasonable, disrespectful, and lacking in judicial restraint,” the prosecution noted.
“His line of questioning and his public pronouncements also show that he might have already prejudged not only the credibility of the witnesses but also the credibility of their respective testimonies. And he did these things in open court with the members of the press and other objective observers in attendance.”
Clarifying their position, state lawyers emphasized that the motion does not seek to question Moreno’s professional integrity, capability, or intentions, but rather aims to uphold the standard of a fair trial before a neutral bench.
“To have an impartial judge is a fundamental component of due process. Hence, the appearance of impartiality is essential in maintaining confidence in the administration of justice,” the panel stated.
“Even where actual bias is wanting, but where there are circumstances that reasonably create perception of partiality and bias, the same warrant an inhibition.”
“The matter of inhibition is not only based on a judge’s personal belief that he or she can remain impartial, but also whether the circumstances would reasonably cause a party or an objective observer to entertain doubts on his or her impartiality.”
Revilla posted a ₱1 million cash bail on July 31 following a ruling by the Sandiganbayan Third Division that granted his bail petition, affording him temporary liberty as trial continues. The charge stems from his alleged involvement in an anomalous ₱92.8-million flood control project located in Pandi, Bulacan.
Before securing his release, the former lawmaker was detained at the New Quezon City Jail in Barangay Payatas.