Menchavez, in a two-page order, said there is no ground for him to inhibit from the case as he rebutted allegations of the prosecution that he showed bias to the defense during the previous hearings.
State prosecutor Bernardo Parico moved for the judge's inhibition contending that Menchavez, in the course of the hearings earlier, had been asking witnesses questions of clarification that allegedly benefited the defense, as a result.
Menchavez countered that to ask witnesses some questions of clarification should not be construed as bias on the part of the court because it is allowed under the law.
He quoted a Supreme Court ruling, which states that "judges are not mere referees like those of a boxing bout, only to watch and decide the results of a game."
Parico admitted it was the judge's inherent right to ask questions to clarify some points in the case but the prosecutor argued that Menchavez exceeded such right.
He said Menchavez already acted like a lawyer for the defense when he asked leading questions that tended to attack instead the credibility of Torralba, the accuser.
Menchavez, however, said records of the case would show he did not touch new matters in all the questions he asked the witnesses.
It is the court's right to seek for the truth, through questions of clarifications, during the trial, Menchavez said.
He said, "There can be no partiality on the part of the court if the latter was merely exercising its bounden duty of seeking out the truth." - Fred P. Languido