The Sandiganbayan’s Sixth Division has rejected a request from a co-accused of former Ako Bicol Party-list Representative Zaldy Co to have the sitting justices voluntarily recuse themselves from an ongoing malversation case.
In a 21-page resolution dated June 17, the anti-graft court dismissed the motion filed by former Public Works Regional Director Gerald Pacanan, declaring that the petition lacked legal merit.
The ruling was penned by Sixth Division Chairperson Associate Justice Sarah Jane Fernandez, with concurrences from Associate Justices Kevin Narce Vivero and Lord Villanueva.
“In fine, accused Pacanan failed to prove bias or partiality on the part of this Court’s justices. Hence, there is no valid ground for their voluntary inhibition,” the court said in the ruling.
Pacanan argued that the magistrates should step down, asserting they had already prejudged the facts during bail hearings, allowed the prosecution to violate procedural regulations, and rejected motions requesting permission to file demurrers to evidence.
However, the court emphasized that mere accusations are not enough to force the disqualification of justices.
“Mere allegation of bias or partiality does not constitute just or valid reason for voluntary inhibition of a judge or justice.”
The Sixth Division further clarified that any claims of prejudice or partiality must be backed by “clear and convincing evidence.”
The court also dismissed Pacanan’s claim that the bench had prematurely decided on factual matters during earlier bail hearings.
It explained that judicial bodies are legally permitted to “arrive at conclusions of fact or make factual findings in bail proceedings.”
This evaluation is standard practice when determining whether the evidence of guilt against a defendant is strong enough to deny or grant bail.
The underlying legal battle involves charges of malversation through the falsification of public documents. The case stems from a ₱289.4-million infrastructure project managed by Sunwest Inc., a company in which Co is allegedly a beneficial owner.