MANILA, Philippines - Marlene Aguilar-Pollard – the mother of murder suspect Jason Ivler – has asked a Quezon City court to reverse the order of a metropolitan trial court (MeTC) that denied her bid for the dismissal of an obstruction of justice charge filed against her.
In a 21-page petition for review, Aguilar-Pollard asked the Regional Trial Court Branch 77 to set aside the Nov. 12, 2012 ruling of MeTC Branch 37 Judge Augustus Diaz that denied her demurrer to the evidence presented by the prosecution panel.
Aguilar-Pollard, the younger sister of singer-songwriter Freddie Aguilar, was charged for allegedly preventing authorities from arresting her son during the course of a murder investigation three years ago.
Ivler, who is facing murder charges in a separate court, was arrested at his mother’s house in a subdivision in Quezon City on Jan. 18, 2010 for reportedly killing a motorist during a traffic altercation. Prior to his arrest, Aguilar-Pollard insisted that she was not aware of her son’s whereabouts.
In her petition, Aguilar-Pollard claimed that the prosecution failed to establish that she knowingly or willfully committed obstruction of justice.
“Clearly there was no evidence to show that petitioner committed the crime. That Jason was found inside petitioner’s residence does not necessarily mean, much less give a presumption that petitioner knew that her son was there and that she willfully and knowingly concealed her son to frustrate his apprehension,†read the petition.
MeTC Branch 37 employees said Diaz has already inhibited himself from the case. His order regarding his inhibition has yet to be released to the media.
Earlier reports said the previous judge who handled the case also inhibited following the request from the prosecution panel.
According to Aguilar-Pollard, Diaz dismissed her petition for a demurrer to evidence without actually reading her arguments, noting that the judge violated her constitutional right to due process and fair play as he failed to discuss or explain his conclusion.
A demurrer to evidence, which may be filed by the accused after the prosecution rested its case, questions the sufficiency of the prosecution evidence and may be used as a ground for the dismissal of the case.
Diaz denied the demurrer following a manifestation and comment by Assistant City Prosecutor Edgar Navales that the pieces of evidence presented by the prosecution are “all evidentiary in nature and must be evaluated by the court as to their evidentiary value.â€