Ombudsman prosecutors, through a 69-page motion, have asked Senior Associate Justice Ronald Moreno to inhibit himself from the proceedings in former senator Ramon “Bong” Revilla Jr.’s malversation case, citing his alleged conduct toward prosecution witnesses. 

It can be recalled that Moreno was one of two justices who voted to grant Revilla bail in his malversation case.

Prosecutors claimed that Moreno’s clarificatory questioning during the proceedings reflected “unwarranted conduct” toward prosecution witnesses.

“In particular, Justice Moreno's demeanor and questions to the witnesses were apparently unfair, unreasonable, disrespectful, and lacking in judicial restraint,” the prosecution stated.

“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.”

The prosecution clarified that the motion was not intended to question Moreno’s integrity, competence, or good faith, but to protect every litigant’s right to have a case decided by an impartial tribunal.

“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 prosecution added.

“Even where actual bias is wanting, but where there are circumstances that reasonably create perception of partiality and bias, the same warrant an inhibition.”

As such, the prosecution noted that “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 P1 million in cash bail on July 31 in connection with a pending malversation case involving an allegedly anomalous P92.8-million flood control project in Pandi, Bulacan.

In an order, the Sandiganbayan Third Division approved Revilla’s bail, allowing him provisional liberty while the case remains pending.

Before posting bail, Revilla was detained at the New Quezon City Jail in Barangay Payatas.