Rebecca’s complaint was raffled to the sala of Judge A. Rebecca is a daughter of Judge A’s wife by a previous marriage. This is known to the defendant who does not, however, file a motion to inhibit the Judge.
Is the Judge justified in not inhibiting himself from the case? (3%)
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No, Judge A is not justified in not inhibiting himself from the case. Under Section 1, Rule 137 of the Rules of Court, a judge is compulsorily disqualified from sitting in any case where he is related to either party within the
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Quick check
Is a judge compulsorily disqualified from presiding over a case filed by his stepdaughter?
A stepdaughter is related to the judge by affinity in the first degree, causing compulsory disqualification under Rule 137.
Under Rule 137 of the Rules of Court, up to what degree of affinity or consanguinity is a judge compulsorily disqualified?
Rule 137, Section 1 explicitly prohibits a judge from sitting in a case involving parties related within the sixth degree of consanguinity or affinity.
Does a party's failure to file a motion to inhibit waive a judge's compulsory disqualification?
Compulsory disqualification under Rule 137 can only be waived through an express written consent signed by all parties.
What is the legal nature of a judge's relationship to his wife's daughter by a previous marriage?
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What action must a judge take motu proprio when a case raffled to his sala involves a party within the prohibited degree of affinity?
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1. Compulsory Judicial Disqualification
Under Rule 137, Section 1 of the Rules of Court, a judge is automatically and compulsorily disqualified from sitting in any case in which the judge is related to either party within the sixth degree of consanguinity or affinity. The rule is mandatory and leaves no discretion to the presiding judge. The purpose of compulsory disqualification is to preserve absolute impartiality, maintain public confidence in the judicial system, and prevent any suspicion of bias or favor toward a relative.
2. Affinity Degree Relationship
Affinity is the legal relationship produced by marriage between each of the married persons and the kindred of the other spouse. A stepdaughter is a child of one's spouse by a prior marriage, creating a legal relationship by affinity in the first degree. Because the first degree of affinity falls well within the prohibited sixth degree established by procedural rules, a judge cannot preside over a civil action brought by a stepdaughter, regardless of personal fairness.
3. Written Waiver Rule
Compulsory disqualification under Rule 137 cannot be waived by a party's mere silence, inaction, or failure to file a formal motion to inhibit. To effectuate a valid waiver of a judge's mandatory disqualification, the law requires the express written consent of all parties in interest, signed by them and entered upon the court record. In the absence of a signed written waiver, the judge is legally bound to recuse himself motu proprio from continuing to preside over the case.