Torralba filed the petition yesterday and asked for the issuance of a temporary restraining order and writ of preliminary injunction. He likewise asked the CA to dissolve three orders from Menchavez denying his motions for inhibition.
Torralba said in his petition that Menchavez "acted with grave abuse of discretion amounting to lack or excess of jurisdiction" when the judge insisted on handling the frustrated murder case he filed against John Lloyd Ortiz.
Torralba prayed that a TRO be issued by the CA while it hears his petition because he is gravely aggrieved by Menchavez' actuations.
Torralba, through state prosecutor Bernardo Parico, moved for the inhibition of Menchavez last February for his alleged bias in favor of the accused.
Menchavez, however, said there is no ground for him to inhibit from hearing the case adding that his asking clarificatory questions to the witnesses should not be construed as bias on the part of the court because it is allowed.
The prosecution claimed that the judge's bias towards the accused was shown in his asking clarificatory questions to the witnesses, which he said is beneficial to the defense. Parico said that although the judge has an inherent right to ask questions to enlighten him on the matters that need to be clarified, he claimed that Menchavez had exceeded his right. The prosecution said that Menchavez seems to have already acted as a lawyer for the defense.
But, Menchavez said the records of the case would show he did not touch new matters in all clarificatory questions he propounded to witnesses. - Fred P. Languido