Chief state prosecutor Jovencito Zuño said questioning Quezon City Regional Trial Court (RTC) Branch 81 Judge Theresa Yadao’s jurisdiction before a higher court seems to be the only remaining recourse to inhibit her from the case.
Zuño explained that Yadao had refused to resolve their motion asking her to transfer the case to a family court since two of the 11 suspected Kuratong Baleleng gang members killed in an alleged rubout on May 18, 1995 were minors.
He said the prosecution will likely file another motion asking Yadao to inhibit herself from the case if she insists that it cannot be transferred to a family court.
"We will go to the Supreme Court because if she will not inhibit herself then we will not recognize her jurisdiction, we will not recognize the fact that she will assume jurisdiction over the case, and we will move for her inhibition and then we might go up to the Supreme Court," Zuño said.
He said Yadao appeared to be unyielding when she noted the amended information filed by the prosecution to show that the two victims were minors, thus barring her from hearing the case for lack of jurisdiction. — Aurea Calica