Manila judge in Jackie Tiu case inhibits self

A Manila judge recently inhibited himself from hearing the kidnapping case of Filipino-Chinese businesswoman Jackie Rowena Tiu after a defense lawyer of one of the seven Chinese suspects questioned his integrity for allegedly meeting with then Philippine National Police (PNP) Director General Arturo Lomibao last March.

Judge Virgilio Alameda, of Branch 10 of the Manila regional trial court (RTC), voluntarily inhibited himself from hearing the kidnap-for-ransom and car theft charges filed against Shi Jian Hui, alias Jacky Sy King; Lim Jian Feng, alias Jason Lim; Xu You Kwang, alias Johnny Co; Wu Chang, Shi Chun Qi alias Ocampo; Jacky Sy, Zhang Xi Wang, alias Michael Zang; and Zhang Du alias Wilson Du. All suspects are detained except for Zhang, who was able to escape from the Bureau of Immigration (BI) detention center and is believed to have fled to China.

But the victim Tiu considers this incident to merely be a minor setback: "I am undaunted by the delay regardless of how hard the defense tries to stall the case or twist the story. The fact is they can never ever go against the merits of the case. This case will be judged according to its merits and the evidence at hand and nothing else, whether they like or not. This will come to an end and I am mighty confident that when that time comes, I will get justice."

Alameda is the fifth judge to handle the case. The four previous judges who presided over the case were Antonio Carbonel, Adolfo Alagar, Robert Cawed and Rose Mary Alim.

In his 11-page order, Alameda said he "has decided to disengage himself from trying the case. Although the grounds of inhibition are groundless, baseless and unfounded, it would be better that the Presiding Judge should desist from further hearing the case to spare the judiciary of unnecessary criticism and to avoid misunderstanding as to his accusations and uphold the best traditions of the judiciary as an institution worthy of public trust and confidence."

Ramon Reyes, a lawyer of accused Zhang Xi Wang, filed a 21-page motion for inhibition before Branch 10 last May 3 saying they have lost confidence in the impartiality of the court.

Reyes alleged that Alameda had a close-door meeting with Lomibao inside his chambers after the April 21 hearing on the Tiu case. Lomibao retired from the service on July 5.

He added that Alameda reportedly manifested his preconceptions of the defense evidence, even characterizing it as common defense, adding that Alameda’s actions and rulings allegedly manifested partiality in favor of the prosecution.

Lomibao, accompanied by Manila Police District director Chief Superintendent Pedro Bulaong, attended the hearing last March 24. After the hearing, he was reportedly seen entering Alameda’s chambers and exchanging pleasantries with Alameda, who then allegedly closed the door.

"Unfortunately, what happened in this case is lamentable. The honorable (Alameda) entertained (Lomibao) for a closed-door conference with him, under the peculiar, if not suspicious, circumstances afore-described," Reyes said.

He added that, "with this act, the image of the court as an independent institution has been desecrated. At the very least, accused’s confidence that this court will still rule upon the instant case on the merits, has reversibly eroded. To the mind of the accused, the court has opened itself to the influence of the ‘forces and powers that be’, one of the interests of whom is to have him convicted of the crime charged."

To further support their argument, the lawyers for the defense cited a news article that was published in The STAR on March 25, quoting Lomibao as saying he was merely giving moral support to Tiu.

Alameda denied that he committed any impropriety and added that he did not violate Canon 4 of the New Code of Judicial Conduct: "To set the record straight, there is nothing private or secret about the meeting of the Presiding Judge with PNP Chief Lomibao."

He was even surprised when Lomibao entered his chamber. Also present at the meeting between Alameda and Lomibao was Branch Clerk of Court Atty. Rey Inciong.

Inciong said Lomibao merely asked Alameda if he felt secure and if he had a gun. He added that Alameda and Lomibao spoke for only a short while because Lomibao said he was in a hurry and could not stay long.

He said, "PNP chief Lomibao is the highest PNP officer in the land and the purpose of his visit could be official or merely a courtesy call... Insofar as he is concerned, Lomibao is free to attend the hearing and observe the proceedings. After all, if (Alameda) is closely watched, this will redound to the benefit of both the prosecution and the defense."

As for The STAR’s article, Alameda said he only learned about the interview the following day and was, therefore, not aware that Lomibao was espousing the cause of the litigant.