Judge inhibits from Castro's contempt case
October 6, 2005 | 12:00am
Judge Soliver Peras of the Regional Trial Court branch 10 inhibited himself from handling the indirect contempt case filed against assistant city prosecutor Mary Ann Castro by Municipal Trial Court in Cities judge Rosabella Tormis.
"In order to obviate any speculation of bias and partiality, undersigned deems it prudent and proper to voluntarily inhibit himself from taking cognizance of this case," Peras said in an order.
After Tormis denied Castro's motion for reconsideration of Tormis' decision citing her for indirect contempt, the case was then elevated to the RTC and eventually raffled off to Peras' sala.
Tormis found Castro guilty of indirect contempt after Tormis failed to convince the lady judge that she did not actually take a court document, a side-view photograph of Jake Yu, but just borrowed it to be photocopied. The judge also insisted there was another photo missing, but did not pinpoint Castro. The lady fiscal vehemently denied taking the missing front view photo of Yu.
After her motion was denied Castro appealed to the trial court. "Wala'y due process, wala'y hearing," Castro said in reference to her already being declared guilty by Tormis, that was why she filed for an appeal. For indirect contempt, Tormis had ordered her to pay P5,000 fine.
With Peras' inhibition citing reason that Castro, then acting Talisay City prosecutor, was once a resident prosecutor of RTC branch 10, "and who rendered diligently and capably her services as such for eight months or so," the case will then be raffled again. - Liv G. Campo
"In order to obviate any speculation of bias and partiality, undersigned deems it prudent and proper to voluntarily inhibit himself from taking cognizance of this case," Peras said in an order.
After Tormis denied Castro's motion for reconsideration of Tormis' decision citing her for indirect contempt, the case was then elevated to the RTC and eventually raffled off to Peras' sala.
Tormis found Castro guilty of indirect contempt after Tormis failed to convince the lady judge that she did not actually take a court document, a side-view photograph of Jake Yu, but just borrowed it to be photocopied. The judge also insisted there was another photo missing, but did not pinpoint Castro. The lady fiscal vehemently denied taking the missing front view photo of Yu.
After her motion was denied Castro appealed to the trial court. "Wala'y due process, wala'y hearing," Castro said in reference to her already being declared guilty by Tormis, that was why she filed for an appeal. For indirect contempt, Tormis had ordered her to pay P5,000 fine.
With Peras' inhibition citing reason that Castro, then acting Talisay City prosecutor, was once a resident prosecutor of RTC branch 10, "and who rendered diligently and capably her services as such for eight months or so," the case will then be raffled again. - Liv G. Campo
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