In Rodisch, a case where the trial judge had made a "recommendation and suggestion" concerning the settlement of a case, the second district did not even mention the "testing of the waters" or "tipping of the hand" standards when it reversed and remanded the denial of an SOJ as of right.
The third and fifth districts, however, still consider of utmost importance that a litigant seeking an SOJ as of right not have had the opportunity to form an opinion as to how the judge might rule in their case.
15) Therefore, in order to argue against a judge's reliance on his memories of what he said off record (and defeat a motion for SOJ as of right), the challenger must show that those memories contradict the record.
In her concurring opinion in Gay, Justice McDade expressed the dilemma presented by the "tipping the hand" or "testing the waters" approach to a motion for SOJ as of right:
However, the good news is, the "provisions of the [SOJ as of right] statute are to be liberally construed" and are to be interpreted to "effect rather than defeat the right of substitution" (21) Therefore, it will not be easy to show that there were ulterior motives to the request for SOJ as of right.
To illustrate this point, in Sahoury v Moses (22) the court found that a litigant was entitled to an SOJ as of right even when he suspiciously sought it "one week before a trial, and after the trial date ha[d] been pending for four months.
We also frequently go to SOJ De Lima's house in Bicol and their sweetness is apparent.
Sa tuwing kami ay mag go grocery, binibilhan ni SOJ De Lima si Ronnie Dayan ng paborito niyang Fundador at Marlboro.
SOJ also buys Ronnie Dayan barong, shoes, and personal items, while Dayan openly boasts of their relationship.
Kapansin pansin din ang closeness ni Warren Cristobal at SOJ kung kaya't nagduda kami na may special na relasyon ang dalawa,' he said.
The closeness between Warren Cristobal and SOJ was noticeable so we had speculations that the two had a special relationship.