The Sandiganbayan’s Sixth Division denied a motion for voluntary inhibition filed by Lerma D. Cayco in the malversation case against former party‑list representative Elizaldy S. Co and his co‑accused. The ruling upholds the court’s continued jurisdiction over the matter.
The decision, authored by Associate Justice Sarah Jane T. Fernandez, concluded that Cayco’s allegations of judicial bias were not supported by clear and convincing evidence. Consequently, the motion was dismissed as lacking merit.
Cayco contended that the court had effectively prejudged the prosecution’s case after denying her motion to file a demurrer to evidence and a subsequent motion for reconsideration. She argued that repeated denial created a perception that later proceedings would no longer be guided solely by the evidence.
The Sixth Division rejected this argument, citing Rule 137 of the Rules of Court, the 2025 Code of Judicial Conduct and Accountability, and prevailing Supreme Court jurisprudence. It emphasized that speculation or surmise of bias does not satisfy the evidentiary standard required for inhibition.
The court noted that it had already explained the basis for denying Cayco’s earlier motions in resolutions dated June 1 and June 23, rendering further discussion unnecessary. Those explanations addressed the alleged lack of direct evidence linking her to the conspiracy.
It further stressed that adverse rulings alone do not constitute bias or prejudice, and that seeking a judge’s inhibition is not the proper remedy for unfavorable decisions. The division referenced established case law to reinforce this position.
The court warned that frivolous motions for inhibition abuse court processes and disrupt the orderly administration of justice. Such actions divert resources without advancing the merits of the case.
Finding no proof of bias or partiality on the part of the Sixth Division, the court denied Cayco’s request for inhibition. The denial affirms the division’s authority to proceed with the trial.
Cayco, a Department of Public Works and Highways Accountant IV, remains a co‑accused in the malversation and falsification case involving a P289.5 million flood‑control project in Naujan, Oriental Mindoro.
