BJMP appointee appeals to CA

The Court of Appeals will be asked today to stop Quezon City Regional Trial Court Branch 216 Acting Judge Modesto Juanson from proceeding with the trial of a quo warranto case filed against Senior Superintendent Josue Engaño, newly appointed Chief of the Bureau of Jail Management and Penology because of alleged bias and partiality.

Lawyer Plaridel Bohol II, lead counsel for Engaño said they have to file with the Court of Appeals a petition for certiorari with prayer for a preliminary injunction against Judge Juanson as a result of the latter’s questionable conduct in handling the case filed by Chief Supt. Arturo Alit, former BJMP officer-in-charge.

Bohol also noted Juanson’s failure to recall his Oct. 6 order designating Interior and Local Government Secretary Jose Lina Jr. as "BJMP director" despite the Oct. 11, 2001 memorandum of Executive Secretary Alberto Romulo recalling the "hold in abeyance order" on the appointment of Engaño dated Oct. 2. The said "hold in abeyance order" was used by Juanson as basis for designating Lina as ‘BJMP director."

Bohol pointed out that Juanson exceeded his authority when he appointed Lina as "BJMP director" under the guise of "judicial activism." "The right or power to appoint officers in the uniformed service exclusively belongs to the President," he added.

The BJMP rank and file, meanwhile, expressed alarm over the decision of Juanson to conduct daily hearings on the case starting today until Friday October 26. The BJMP personnel learned that Juanson has only until October 29 as acting Judge of Branch 216. "We would rather want the regular or permanent Branch 216 judge or somebody else to handle the case to ensure impartiality," they added.

The BJMP personnel noted that they no longer trust Judge Juanson after he made a sharp turn-around from his original position concerning the quo warranto case filed by Alit.

Juanson earlier rejected a petition of Alit seeking the issuance of a temporary restraining order. In denying Alit’s prayer for a TRO, Juanson pointed out that "the court cannot intrude upon or inquire on the merits of presidential and/or executive decision.