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De Lima's last pending case assigned to another Muntinlupa judge
By J.Lo
"Having adversely decided against People in previous Criminal Case No. 17-165, undersigned Panel of Prosecutors cannot help but be apprehensive that Honorable Presiding Judge will carry over his perceptions to instant case," statement in their motion filed July 6,2023 last pending drug case against former Sen. Leila De Lima has been raffled off to new court in Muntinlupa, after two judges inhibited from proceedings in past weeks.
Lawyer Boni Tacardon, from De Lima's legal team, told reporters third case against De Lima will now be handled by Muntinlupa Regional Trial Court Branch 206, where Presiding Judge Gener Gito sits.
Case was raffled off on July 10.
No other details on the next trial date have been made public.
De Lima's appeal on her rejected bail petition is pending before court.
This last case is keeping former senator in detention, for more than seven years now, amid acquittal in two other drug charges.
In 2019, Gito was acting presiding judge of Muntinlupa RTC Branch 256, during which he allowed De Lima to visit her ailing mother in Camarines Sur. A year later, he was relieved of his designation in Branch 256.
As presiding judge of Muntinlupa RTC Branch 206, Gito in 2022 handled and dismissed an indirect contempt plea filed against De Lima and her lawyers.
Re-raffle was done after Muntinlupa RTC Branch 204 Judge Abraham Alcantara inhibited from case following motion by state prosecutors. Alcantara recused himself from proceedings "to put to rest any questions against his credibility, integrity and fairness."
Case was raffled off to Alcantara's sala after Muntinlupa RTC Branch 256 Judge Romeo Buenaventura granted motions for inhibition filed by De Lima's former aides Ronnie Dayan and Joenel Sanchez, and former corrections official Franklin Jesus Bucayu.
De Lima's co-accused had asked Buenaventura to stop handling case after learning judge is brother of lawyer Emmanuel Buenaventura, supposedly former counsel of the late Rep. Reynaldo Umali.
Umali was chairperson of House of Representatives justice panel when it was conducting hearings into alleged drug trade in New Bilibid Prison that supposedly involved De Lima.
Another trial court judge has inhibited from handling third and last pending drug case against De Lima, which may delay in proceedings in her remaining drug charge.
Muntinlupa Regional Trial Court Branch 204 Judge Abraham Alcantara has granted Motion for Voluntary Inhibition filed by Department of Justice prosecutors.
With this development, entire case records of De Lima will be transmitted to Office of Clerk of Court of Muntinlupa RTC for re-raffle to yet different judge. Hearing set on Friday has also been canceled.
De Lima's appeal on her rejected bail petition is pending before court.
State prosecutors earlier sought inhibition of Alcantara citing "near identical case" same judge handled where De Lima and her former aide and co-accused Ronnie Dayan were acquitted.
They added they are moving for judge's inhibition to "maintain and preserve trust and faith of party-litigants."
Judge Alcantara, in his one-page order,asserted by acquitting De Lima in separate drug case, "based on evidence presented," he "cannot be said to have traversed line that divides neutrality and partiality."
Judge acknowledged "at very first sign of lack of faith and trust in his or her actions, whether well-grounded or not, Judge has no other alternative but to inhibit himself or herself from case."
"With foregoing, undersigned Presiding Judge will exercise prudent discretion and voluntarily desist from hearing case not because prosecution's assertion is true but to put to rest any questions against his credibility, integrity and fairness," order released read.
De Lima is battling her last drug charge after she was cleared of two cases. Former lawmaker won in her first case when she challenged sufficiency of prosecution evidence against her, while she won her second case on ground of reasonable doubt.
Former senator has been in detention since February 2017, and has long maintained her innocence in what she said are politically-motivated cases filed against her.
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