MANILA, Philippines - Members of the so-called 'Morong 43' on Friday accused a local court judge of partiality in handling the case they filed against former President and now Pampanga Rep. Gloria Macapagal-Arroyo.
The health workers filed an omnibus omotion for pre-trial and inhibition before the sala of Quezon City Regional Trial Court Judge Afable Cajigal for his alleged partiality.
"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," Dr. Alex Montes, spokesperson of the Justice for the Morong 43! Justice for All Victims of Human Rights Violations! alliance, said.
Montes added that they have lost confidence on Judge Cajigal’s capacity to render a just decision because he failed to prove his impartiality to the case by granting the Motion to Suspend Proceedings filed by camp of Mrs. Arroyo and other respondents last Jan. 30.
Four months have passed and the judge has not lifted a finger to revisit the case and call for a single hearing, he said.
In their motion, the group's lawyers argued that the court can, "take judicial notice of the fact that no temporary restraining order or writ of preliminary injunction is issued by the Court of Appeals to restrain or enjoin this Honorable Court from hearing this case."
A joint team of Army and police personnel arrested the health workers from a resthouse in Morong, Rizal on February 2010, during the time of the former president.
Authorities claimed that they found subversive documents and several firearms from the health workers, who were then allegedly undergoing a bomb-making training at the resthouse.
The charges against the "Morong 43", however, were withdrawn after the Department of Justice reviewed the case on orders of President Benigno Aquino III.