Muntinlupa judge inhibits from De Lima’s last drug case
Published Jul 06, 2023 08:45 am
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Updated Jul 06, 2023 08:45 am
A Muntinlupa judge has inhibited himself from hearing the last remaining drug case of former senator Leila de Lima due to a motion filed by government prosecutors.
In an order, Presiding Judge Abraham Joseph Alcantara of the Muntinlupa Regional Trial Court (RTC) Branch 204 granted the motion filed by the Department of Justice’s panel of prosecutors for him to recuse from Case No. 17-167.
Former senator Leila de Lima (Contributed photo)
Alcantara is the judge who acquitted De Lima and Ronnie Dayan in Case No. 17-165 in a decision on May 12. “Wherefore, the Motion for Voluntary Inhibition is granted,” Alcantara wrote in his decision dated July 6. He is the second judge to inhibit from the case after Presiding Judge Romeo Buenaventura of the Muntinlupa Regional Trial Court Branch 256, who recused from the case in an order dated June 15. Buenaventura denied the bail petitions by De Lima and her co-accused Franklin Jesus Bucayu, Ronnie Dayan, Joenel Sanchez and Jose Adrian Dera. Case No. 17-167 accused De Lima and others of conspiracy to commit illegal drug trading. The DOJ charged that between March 2013 to May 2015, the accused used inmates at the New Bilibid Prison in Muntinlupa to sell and trade dangerous drugs using mobile phones and other electronic devices, and allegedly got the proceeds amounting to P70 million. In his decision to inhibit from the case, Alcantara said, “According to the prosecution, since this Court adversely decided against the People in the previous Criminal Case No. 17-165, the panel of prosecutors cannot help but be apprehensive that the undersigned Presiding Judge will carry over his perceptions to the instant case.” “To erase any doubt as to the impartiality of the Presiding Judge as well as to remove any impression that he will similarly decide on the instant case in favor of the accused, the prosecution respectfully submitted the motion for voluntary inhibition,” he added. “With the foregoing, the undersigned Presiding Judge will exercise prudent discretion and voluntarily desist from hearing the case not because the prosecution's assertion is true but to put to rest any questions against his credibility, integrity, and fairness,” he said. Alcantara also ordered that “so as not to cause any delay in this case, let the entire records be immediately transmitted to the Office of the Clerk of Court of the Regional Trial Court of Muntinlupa City for re-raffle as soon as practicable.” Muntinlupa courts have already dismissed two of the three drug cases filed by the DOJ against De Lima under the Duterte administration.
Former senator Leila de Lima (Contributed photo)
Alcantara is the judge who acquitted De Lima and Ronnie Dayan in Case No. 17-165 in a decision on May 12. “Wherefore, the Motion for Voluntary Inhibition is granted,” Alcantara wrote in his decision dated July 6. He is the second judge to inhibit from the case after Presiding Judge Romeo Buenaventura of the Muntinlupa Regional Trial Court Branch 256, who recused from the case in an order dated June 15. Buenaventura denied the bail petitions by De Lima and her co-accused Franklin Jesus Bucayu, Ronnie Dayan, Joenel Sanchez and Jose Adrian Dera. Case No. 17-167 accused De Lima and others of conspiracy to commit illegal drug trading. The DOJ charged that between March 2013 to May 2015, the accused used inmates at the New Bilibid Prison in Muntinlupa to sell and trade dangerous drugs using mobile phones and other electronic devices, and allegedly got the proceeds amounting to P70 million. In his decision to inhibit from the case, Alcantara said, “According to the prosecution, since this Court adversely decided against the People in the previous Criminal Case No. 17-165, the panel of prosecutors cannot help but be apprehensive that the undersigned Presiding Judge will carry over his perceptions to the instant case.” “To erase any doubt as to the impartiality of the Presiding Judge as well as to remove any impression that he will similarly decide on the instant case in favor of the accused, the prosecution respectfully submitted the motion for voluntary inhibition,” he added. “With the foregoing, the undersigned Presiding Judge will exercise prudent discretion and voluntarily desist from hearing the case not because the prosecution's assertion is true but to put to rest any questions against his credibility, integrity, and fairness,” he said. Alcantara also ordered that “so as not to cause any delay in this case, let the entire records be immediately transmitted to the Office of the Clerk of Court of the Regional Trial Court of Muntinlupa City for re-raffle as soon as practicable.” Muntinlupa courts have already dismissed two of the three drug cases filed by the DOJ against De Lima under the Duterte administration.