39 Nancy L
39 Nancy L
39 Nancy L
149797-98
February 13, 2004
Petitioner: Nancy L. Ty
Respondent: Banco Filipino Savings and Mortgage Bank
Facts:
Banco Filipino Savings filed with the RTC an action for Conveyance of real property against
Petitioner Nancy Ty together where the latter filed a motion for its dismissal. Judge granted it
but later on reinstated the decision after the Respondent filed the same.
The case put the parties both in an exhausted phase losing their confidence on the presiding
judge. The petitioner contested the orders issued by Respondent Judge demonstrated his
predilection to act with bias in favor of Banco-Filipino and manifested his escalating hostility
and animosity towards petitioner and his co-defendants, Tala, et. al.
To resolve the raised issue, the Court has taken its part to properly dispose of the merits of the
case which will hold the interest of substantial justice.
Issue:
Whether or not, there is a trust relationship between the parties must be threshed out in a
full-dress.
Held:
The Court answered in affirmative decision favoring the full hearing of the case without any
prejudice to the interest of the other party. As a rule, there is no procedure that requires a
judge to conclude, out of necessity, the existence of a prima facie case on the basis alone of the
evidence presented by the plaintiff.
It is of utmost importance that a judge must preserve the trust and confidence reposed in him
by the parties as an impartial, unbiased and dispassionate dispenser of Justice.