MANILA, Philippines - The Court of Appeals (CA) has approved a request by the primary suspect in the killing of Ruby Rose Barrameda to transfer the trial of the murder case to another judge in the Malabon City regional trial court (RTC).
In a 45-page decision, the CA’s 10th Division granted the petition of Manuel Jimenez Jr., the victim’s father-in-law, and ordered the re-raffling of the case from Malabon RTC Branch 170 Judge Zaldy Docena, who earlier refused to inhibit himself from the case.
The CA reversed Docena’s July 30, 2010; Dec. 29, 2010; and June 29, 2011 orders in which he refused to inhibit from the case.
“Accordingly, let this case be raffled to another judge,” read the ruling penned by Associate Justice Agnes Reyes-Carpio. Associate Justices Jose Reyes Jr. and Priscilla Baltazar-Padilla concurred in this decision.
The CA said it is inclined to believe that the “petitioner has a basis for seeking public respondent (judge) from continuing with the proceedings of the case.”
“The basis may be just a perception, but in the interest of justice, and considering that there are several accused, it is best that another judge handles this case,” it held.
Jimenez sought the inhibition of the judge since the head of the prosecution panel – Senior State Prosecutor Theodore Villanueva – was Docena’s former classmate at the Ateneo Law School.
Jimenez accused Docena of committing grave abuse of discretion in allowing Manuel Montero, the self-confessed killer of Barrameda, to be discharged as a state witness.
Montero, who is in police custody at Camp Bagong Diwa in Taguig, was the one who led authorities to Barrameda’s body, which was placed inside a steel drum that was dumped in the waters of Manila Bay off Navotas City.