Judge hands off on ‘Morong 43’ case vs GMA

MANILA, Philippines - The judge handling the case filed by members of the so-called “Morong 43” against former President and now Pampanga Rep. Gloria Macapagal-Arroyo has inhibited himself from the P15-million suit.

During yesterday’s hearing, Judge Afable Cajigal of the Quezon City Regional Trial Court (RTC) Branch 96 inhibited from the case after the complainants filed an omnibus motion earlier this week.

Ephraim Cortez, the complainants’ lawyer, said they asked Cajigal to inhibit from the case due to his failure to “take judicial notice of the fact that no temporary restraining order (TRO) or writ of preliminary injunction was issued by the Court of Appeals (CA) to restrain or enjoin this honorable court from hearing the case.”

In January, Cajigal granted the motion of the former President to suspend court proceedings pending the resolution of a petition for review that she filed before the CA. But according to Cortez, the judge should have ordered the resumption of the proceedings since the CA did not issue any TRO or writ ordering the suspension of the hearings before the lower court.

A copy of Cajigal’s written order on his inhibition has yet to be released to the media. The case, which will be sent to the clerk of court, will be re-raffled to another RTC.

The case stemmed from a complaint filed by six members of the “Morong 43” for their supposed illegal arrest and torture in the hands of the military in 2010. The complainants are Dr. Alex Montes, Dr. Merry Mia Clamor, Gary Liberal, Ma Teresa Quinawayan, Reynaldo Macabenta, and Mercy Castro.

Aside from Arroyo, also named respondents were former Armed Forces of the Philippines (AFP) chief Victor Ibrado, former Army chief Delfin Bangit, and former national security adviser Norberto Gonzales.

Also charged were former 2nd Infantry Division chief Maj. Gen. Jorge Segovia, Col. Victorino Zaragoza, Maj. Manuel Tabion, Col. Aurelio Baladad, Lt. Col. Jaime Abawag, and Superintendents Marion Balolong and Allan Nubleza.

In a statement, Montes – who serves as the group’s spokesperson – said they have lost confidence in Cajigal’s capacity to render a just decision after he granted Arroyo’s motion and failed to revisit the case or schedule a hearing.

“By not calling for the pre-trial conference, the judge, in effect, becomes an accomplice to the injustice staged by these human rights violators against the Morong 43,” he said.

In November 2012, Cajigal dismissed Arroyo’s motion for reconsideration asking the court to overturn an earlier order that junked her bid to dismiss the case against her.