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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

Judge Mateo Dela Cruz of the Regional Trial Court presides over a civil action between Apex Innovations, Inc. (plaintiff) and Nebula Construction, LLC (defendant). The defense counsel is Judge Dela Cruz’s first cousin by blood. The plaintiff moves for inhibition or disqualification of Judge Dela Cruz. Which of the following statements is correct regarding the governing doctrine, the applicable rules, and the proper remedy in this scenario?

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The mere fact that counsel is a relative by blood constitutes no ground for disqualification; no remedy is required unless a party can show actual partiality. Disqualification under Rule 137, with a verified petition filed by the plaintiff (or any party) before the Supreme Court on ground of a close familial relation to counsel (within the fourth degree); if granted, the case is reassigned to another judge and proceedings are stayed as needed. The remedy is to file a general motion for change of judge in the RTC, to be decided by the presiding judge on the same bench. The proper remedy is for the trial court to substitute the counsel handling the case and continue before Judge Dela Cruz, as familial relation does not automatically require disqualification.

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