DE LIMA, NAGREKLAMONG BIAS ang HUKOM na HUMAHAWAK ng kanyang DRUG CASE! - PHILIPPINE REPUBLIC NEWS

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Friday, October 19, 2018

DE LIMA, NAGREKLAMONG BIAS ang HUKOM na HUMAHAWAK ng kanyang DRUG CASE!









Senator Leila De Lima asked one of the three judges handling her drug case to restrain herself because of “manifest partiality, bias and hostility.”


In a 13-page motion, De Lima asked Judge Lorna Navarro Domingo, acting President of Muntinlupa Regional Trial Court Branch 206 to stop from further hearing and conducting the trial on the case against her.






De Lima, through her counsel, said Navarro prematurely ruled against her motion to disqualify 13 previously-convicted prosecution witnesses on the ground that a prior conviction prevents witnesses from being admitted as state witnesses, under the Republic Act No. 6981 or the Witness Protection, Security and Benefit Act.




The law requires that before a witness can be admitted as a state witness, he/she must not have been convicted of any crime involving moral turpitude.




Based on cases decided by the Supreme Court, moral turpitude refers to “an act of baseness, vileness or depravity” that “gravely violates moral sentiment or accepted moral standards of the community…” This includes cases such as murder, kidnapping, robbery and selling of illegal drugs, for which crimes the prosecution witnesses were convicted.

The witnesses against the senator are mostly convicted drug traffickers, robbers, and carnappers.




According to her camp, De Lima was given until September 24, 2018 to file her reply but even before she could file her pleading, the judge came out with a ruling on that same day denying the motion.




The court also scheduled that one of the witnesses, a convicted criminal, Engelberto Durano, to take the witness stand.
“This means that the Honorable Judge already had a pre-determined resolution of the Motion even before Accused filed her Reply. This clearly constitutes an act of prejudgment, reflecting the Honorable Judge’s manifest bias, partiality, and hostility against the Accused,” read the motion.






The court on Tuesday rescheduled the trial. Lawyer Filibon Tacardon said the court opted not to conduct a hearing until the motion to inhibit is resolved.

Tinanggap naman ni Judge na hindi na muna siya magbibisita o hindi muna niya didinggin yung kaso hanggang hindi nare-resolve itong motion for inhibition,” Tacardon told reporters.







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