MANILA, Philippines – A suspect in the killing of Ruby Rose Barrameda, sister of former actress Rochelle Barrameda, wants a Malabon judge hearing the murder case to inhibit himself on grounds that he was a classmate of the government prosecutor handling the case.
Lawyer Manuel Jimenez Jr., Ruby Rose’s father-in-law, said Judge Zaldy Docena of Malabon Regional Trial Court Branch 171 has shown partiality in favor of Theodore Villanueva, his classmate in the Ateneo de Manila University Graduate School of Law, when he granted the prosecution’s petition for confessed killer Manuel Montero to be discharged from the criminal case as a state witness.
“He (Docena) granted Villanueva’s petition notwithstanding the clear and patent absence of factual and evidentiary basis of compliance with the legal requirements stated in the Rules of Court,” he said.
Docena’s predecessor, Judge Hector Almeyda, had denied the prosecutions’ motion to use Montero as state witness.
“The prosecution’s case, whether it likes to admit or not, heavily relies on Montero’s testimony, the absence of which will gravely compromise the possibility of securing conviction beyond reasonable doubt of all the other accused,” he said.
Jimenez Jr. said “there is here no case of Montero’s statements being corroborated at all by other pieces of evidence. In other words, as matters stand now, Montero’s admission of guilt hardly prejudices the presumed innocence of the parties that Montero claimed had a hand in Ruby Rose’s (murder).”
Docena reversed Almeyda’s ruling and allowed the prosecution to use Montero as state witness.
Jimenez Jr. said Docena had admitted being an “acquaintance” of lawyer Rowena Guanzon, counsel of the Barrameda family.
“All these actuations of the presiding judge emit fear, apprehensions, and worry to the accused that the continuation of the proceedings and trial of the case would result, not only to the denial of my constitutional rights.”
Ruby Rose, estranged wife of Manuel Jimenez III, went missing on March 14, 2007.
On May 18, 2009, Montero surrendered to the police, confessed to the killing of Ruby Rose, and implicated at least six other persons in the slaying.
On the basis of his confession, Department of Justice prosecutors filed before the Malabon City RTC murder charges against Montero, Manuel Jimenez Jr. (father of Manuel III), Lope Jimenez (uncle of Manuel III and brother of Manuel Jr.), Eric Fernandez, Lennard Descalso, Roberto Ponce, and Rudy dela Cruz.
On a petition for review, then Justice Secretary Agnes Devanadera ordered the dismissal of the case against Lope Jimenez and ordered the inclusion of Jimenez III in the criminal case.