TACLOBAN CITY – After recently granting bail to nine policemen accused of killing Calbayog City, Samar Mayor Ronald Aquino and his aides in 2021, Presiding Judge Maricar Lucero of the Regional Trial Court of Gandara, Samar Branch 41 has voluntarily inhibited from trying the case.
Lucero is the third judge to withdraw from the case, in response to private prosecutor Alma Uy's manifestation with a motion to inhibit when the court issued its resolution to grant bail in Aquino's murder trial.
The judge started hearing the case on Nov. 10, 2022 after Calbayog City RTC Branch 31 Judge Reynaldo Clemens also withdrew from the case he inherited from Calbayog RTC Branch 32 Judge Ceciro Lampasa who issued warrants of arrest against the accused.
In her motion, Uy cited that the victims' families lost their trust in the court when it issued the order.
However, Lucero stressed that the resolution was made after a thorough and objective examination of evidence based on the standards set for bail application in murder.
She also belied the accusations of bias by the prosecution, citing that she even gave full authority to Uy to file pleadings without the conformity of the private prosecutor.
Lucero added that she even allowed additional witnesses to testify on ballistic examinations, which could have severely impacted the evidence of the prosecution if disallowed, additional witnesses to identify the CCTV footage, and inspection of the vehicle boarded by Aquino's group, which were all denied previously to the prosecution.
Lucero cited that Uy continues to violate the sub judice rule by accommodating media interviews discussing not only the proceedings but also the merits of the case.
“The repeated strong pronouncements made publicly by the private prosecutor that these cases are strong through interviews and social media platforms negatively impacted the Court as it conditioned the minds of the supporters of Mayor Aquino that there will be no acceptable verdict on these cases other than her strong announcements of guilt of all accused, albeit prematurely.”