Beltran files Motion for Reconsideration after judge inhibits
From the Office of Anakpawis Representative Crispin B. Beltran
Lisa Ito, Public Information Officer, 0927-796-7006
Tel. # (+632)431-6615 Email: crispinbeltran@gmail.com
URL: http:// www.geocities.com/ap_news
NEWS RELEASE
May 15, 2006
Beltran files Motion for Reconsideration after judge inhibits,
Says DOJ pressure on judges erodes confidence in justice system
Legal counsels of illegally-detained Anakpawis Congressman Crispin Beltran filed a Motion for Reconsideration before the Makati Regional Trial Court (MRTC) Branch 137 first thing in the morning today, asking that Judge Jenny Lind Aldecoa-Delorino reconsider and set aside her earlier decision to inhibit from the case last May 10, 2006 and proceed to hear and decide upon Beltran's case.
Judge Delorino voluntarily inhibited herself from handling Criminal Case No. 06-452 (I.S. Nos. 2006-226) for Rebellion, charged against Beltran, 1Lt. Lawrence San Juan, and others., after the Department of Justice (DOJ) filed a Motion for Inhibition on May 8. She ordered that the case be raffled off.
Beltran's counsel, Atty. Romeo Capulong of the Public Interest Law Center PILC) said that there was no valid reason for the Prosecution to demand Judge Delorino's inhibition from the case.
"The Motion for Inhibition of the prosecution against her is grossly unfair, obviously designed to cover-up for the incompetence, the blunders, and the violations of the constitutional and statutory rights of the accused committed by the panel of public prosecutors and Secretary Raul Gonzalez in this case," Capulong wrote in the Motion for Reconsideration.
"The Motion for Inhibition is evidently motivated by ill-will, and a ploy to remove this case from a judge who has clearly shown by her actions, orders, rulings, resolutions, and conduct during the hearings that she is the embodiment of competence, integrity, and independence as prescribed by Rule 1.01 of the Code of Judicial Conduct," Capulong wrote.
Capulong asserted that the DOJ's pressure on the judge involved in the case was eroding public confidence in the local justice system.
"The practice of recusing judges without sufficient basis whenever a litigant or counsel suffers a setback or an adverse ruling, resolution, or decision, especially if it is committed by public prosecutors and the Secretary of Justice himself erodes public confidence in, and contributes to the deterioration of our system of justice, and should be resoundingly repudiated and condemned," he added.
"The rule of law must be upheld, and the incumbent Secretary of Justice must be checked lest his high-handed and strong-arm tactics result in the irreversible loss of public confidence in our system of justice," Capulong wrote.
Beltran is currently confined at the Philippine Heart Center (PHC) in Quezon City after Judge Delorino approved a Motion asking for Beltran's transfer to a hospital on humanitarian grounds.###
Lisa Ito, Public Information Officer, 0927-796-7006
Tel. # (+632)431-6615 Email: crispinbeltran@gmail.com
URL: http:// www.geocities.com/ap_news
NEWS RELEASE
May 15, 2006
Beltran files Motion for Reconsideration after judge inhibits,
Says DOJ pressure on judges erodes confidence in justice system
Legal counsels of illegally-detained Anakpawis Congressman Crispin Beltran filed a Motion for Reconsideration before the Makati Regional Trial Court (MRTC) Branch 137 first thing in the morning today, asking that Judge Jenny Lind Aldecoa-Delorino reconsider and set aside her earlier decision to inhibit from the case last May 10, 2006 and proceed to hear and decide upon Beltran's case.
Judge Delorino voluntarily inhibited herself from handling Criminal Case No. 06-452 (I.S. Nos. 2006-226) for Rebellion, charged against Beltran, 1Lt. Lawrence San Juan, and others., after the Department of Justice (DOJ) filed a Motion for Inhibition on May 8. She ordered that the case be raffled off.
Beltran's counsel, Atty. Romeo Capulong of the Public Interest Law Center PILC) said that there was no valid reason for the Prosecution to demand Judge Delorino's inhibition from the case.
"The Motion for Inhibition of the prosecution against her is grossly unfair, obviously designed to cover-up for the incompetence, the blunders, and the violations of the constitutional and statutory rights of the accused committed by the panel of public prosecutors and Secretary Raul Gonzalez in this case," Capulong wrote in the Motion for Reconsideration.
"The Motion for Inhibition is evidently motivated by ill-will, and a ploy to remove this case from a judge who has clearly shown by her actions, orders, rulings, resolutions, and conduct during the hearings that she is the embodiment of competence, integrity, and independence as prescribed by Rule 1.01 of the Code of Judicial Conduct," Capulong wrote.
Capulong asserted that the DOJ's pressure on the judge involved in the case was eroding public confidence in the local justice system.
"The practice of recusing judges without sufficient basis whenever a litigant or counsel suffers a setback or an adverse ruling, resolution, or decision, especially if it is committed by public prosecutors and the Secretary of Justice himself erodes public confidence in, and contributes to the deterioration of our system of justice, and should be resoundingly repudiated and condemned," he added.
"The rule of law must be upheld, and the incumbent Secretary of Justice must be checked lest his high-handed and strong-arm tactics result in the irreversible loss of public confidence in our system of justice," Capulong wrote.
Beltran is currently confined at the Philippine Heart Center (PHC) in Quezon City after Judge Delorino approved a Motion asking for Beltran's transfer to a hospital on humanitarian grounds.###
posted at 4:13 AM
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