“Absent any clear and convincing evidence of actual bias, prejudgment, or an improper connection that reasonably calls the undersigned’s impartiality into question, the undersigned sees no cogent reason for her to inhibit or recuse herself from hearing these cases,” the order stated.
Duterte had sought the judge’s recusal after the court directed prosecutors to submit additional digital evidence in support of the probable cause determination in the three counts of grave threats filed against her.
Through her counsel, Duterte argued that the court effectively assisted the prosecution by allowing the submission of evidence that was not included in the original filing.
She claimed the prosecution’s failure to present the digital evidence earlier would have been fatal to the complaints.
The defense also argued that Duterte should have been given time to respond to the additional evidence, which it described as substantial and not merely routine.
The court likewise dismissed the claim that prosecutors were given undue advantage when they were allowed to submit additional evidence.
Meanwhile, her legal team confirmed receiving the court’s order and said the Vice President would pursue available legal remedies.
“We confirm receiving the RTC-Quezon City, Branch 98’s order denying our motion for inhibition of the Honorable Presiding Judge,” Atty. Paul Lawrence Lim said in a statement on Tuesday.
Lim said Duterte would continue complying with the court’s directive for both parties to observe the sub judice rule and avoid publicly discussing the merits of the pending cases.