Field trip drowning, Judge inhibits from case vs. CIS

CEBU, Philippines - Judge Soliver Peras of Regional Trial Court Branch 10 inhibited himself from handling the civil case filed by couple David and Jacqueline Gullas-Weckman against the Cebu International School over the drowning of their son.

“Within the purview of the above perspective, this presiding judge is left with no recourse but to inhibit himself from the case. Wherefore, in view of the foregoing, this court hereby resolves to grant the motion for inhibition and suspend further proceedings,” the order read.

Earlier, the CIS filed an extremely urgent omnibus motion for inhibition and to suspend further proceedings of the civil case for quasi delict, violation of special parental authority and damages with prayer for temporary restraining order, preliminary injunction and hold departure order.

The CIS cited lost of trust and confidence as ground for filing such a motion. In support, the CIS mentioned a case four years ago wherein Peras inhibited from handling the case entitled Spouses Grossman vs. CIS for damages.

However, in the opposition filed by the couple, they asked for the denial of the omnibus motion claiming it cites no valid ground.

“A mere possibility lurking at the back of defendant CIS’s mind that this presiding judge may not be able to resolve this case objectively and judiciously, is not enough ground for the latter to inhibit himself from the case, in the absence of hard evidence which would show that he has committed acts of biases or partiality in favor of one party in this case,” the couple said.

The couple added that the supporting evidence mentioned by the defendant —the civil case filed by the Grossmans against CIS— was not a basis for Peras to inhibit.

“The present case is entirely different from the previous case, as the plaintiffs, cause of action and the facts and circumstances surrounding the same are different,” the couple added.

But Peras ruled in favor of the CIS. He said since the defendant “had already doubted” his “integrity and independence” in handling the case, it’s better to inhibit from the case.

He mentioned Rule 1.03, Canon 1, of the Code of Judicial Conduct which states “a judge should be vigilant against any attempt to subvert the independence of the judiciary and resist any pressure from whatever source,” this is to support his decision.

“Despite this court’s earnest efforts to handle this case with impartiality and diligence, still, the actions of this presiding will be viewed as expressions of bias and prejudice. Thus, the undersigned, deemed it fitting and proper to inhibit himself from the case, if only to preserve the people’s faith in the court, pursuant to Section 2, Rule 297 of the Rules of Court,” the order reads.

The case is remanded before the Office of the Clerk of Court for re-raffling.

The case stemmed from a complaint filed by the couple, parents of Kyle Weckman, 14, a Grade 8 student. Kyle was one of those who drowned during a school-organized field trip in former US Naval Base in Subic, Bataan.

Jacqueline said her son died due to the alleged negligence of the respondents for not guiding their students and not giving warning of possible danger. Kyle drowned in the Kanawan falls in Bataan last September 12. –(FREEMAN)