Inhibit motion vs CA judge withdrawn

The president of the Airline Pilots Association of the Philippines (ALPAP) withdrew yesterday his motion to inhibit a Court of Appeals (CA) justice who voted in favor of Philippine Airlines two weeks ago.

Captain Sotico Lloren, ALPAP president, said he was aware of the consequences of his motion to back out of his attempt to remove Justice Romeo Brawner of the CA’s five-member special ninth division, from the PAL case.

"Of course, we know the chances of a motion for reconsideration. So maybe we can go to the Supreme Court if we lose this case," he told reporters before the CA hearing.

ALPAP has appealed the pro-PAL ruling, aside from Brawner’s inhibition.

Lloren, representing 294 ALPAP members who joined the June 1998 PAL strike, alleged that Brawner’s brother, retired Gen. Felix Brawner, had worked for one of the companies of PAL owner and chairman Lucio Tan.

"I’d like to apologize to the court because I cannot substantiate my allegations of partiality. I’m just doing my job to the best of my ability. I’m trying to protect ALPAP members and their families," he told the justices.

For his part, Brawner said that while there was no bias on his part and that his brother had nothing to do with the case, he would nevertheless inhibit himself so as to "dispel any doubt on the part of ALPAP."

But the four other justices, headed by Justice Cynthia Morales, said that since Lloren was not able to prove his charges, it was just prudent for Brawner to stay.

"Lloren is warned that he should be more circumspect in his actions," Morales said.

Members of the special ninth division who were in yesterday’s hearing were Morales, Presiding Justice Alicia Santos and Justices Martin Villarama, Rebecca Salvador and Brawner.

Of the 294 dismissed PAL pilots who have sought reinstatement, 88, Lloren said, remain jobless, while 117 have joined other airlines, 90 of them flying international aircraft.