Judge inhibits from Naga landslide case

CEBU, Philippines — The presiding judge of Branch 76 of the Regional Trial Court in Naga City has inhibited from the P4.5 billion class suit filed against Apo Land & Quarry Corporation (ALQC).

Judge Dennis Larrobis said he decided to inhibit from the case to avoid the slightest suspicion of bias and prejudice.

"...the undersigned opts to receive in sitting this case. This is in view of the innuendos of manifest partiality and allegations that the undersigned could not be able to decide the instant case fairly and impartiality because of the close association with Atty. [Benjamin] Cabrido," the order read.

Cabrido is one of the lawyers of the 39 Naga residents and two others, including the Philippine Earth Justice Center Inc., who filed the case against Apo and government agencies and officials following the deadly landslides in September.

"The inhibition is in order to free this court of the slightest suspicion of bias and prejudice, and to preserve the parties faith in the proceedings of this case nationwide significance and magnitude," Larrobis’ ruling reads.

NOT CLOSE

It was ALQC that asked Larrobis to inhibit from the case, arguing that he and Cabrido were fraternity brothers in Lex Cervus Fraternity and graduates of the same law school, the University of San Jose Recolletos (USJ-R).

Cabrido admitted that he and Larrobis belong to the same fraternity but they were reportedly never seen in the same activities. He also denied being close to the judge.

"Nagbuhat sila’g issue sa amoa kunong closeness… unsa may pagka-close nga di man mi nagkuyog sa law school," he said.

Larrobis also said in his ruling that organizational affiliation, per se, is not a ground for inhibition based on a Supreme Court decision in the case of Bellosillo vs. Board of Governors of the Integrated Bar of the Philippines.

"Membership in a college fraternity, by itself, does not constitute a ground to disqualify an investigator, prosecutor or judge from acting on the case of a respondent who happens to be a member of the same fraternity. Hence, a judge is not expected to automatically inhibit himself from acting in kindred cases," he said.

The judge also denied the allegation of ALQC that there was a private conversation between him and Atty. Xzajyk Caing, one of the plaintiffs' counsels, inside a courtroom on November 9, 2018.

He said the private conversation could not have happened inside the courtroom because the courtroom was closed on that day because there was no hearing scheduled.

What happened, Larrobis said, was that his clerk of court, Atty. Marichu Agura, called him about Caing’s inquiry on the possibility of having the summons in the case be served by the counsel or representative of the plaintiffs or any suitable person authorized or deputized by the court issuing the summons.

With his inhibition, Larrobis ordered that the case be remanded to the Office of the Clerk of Court (OCC) in Talisay City so it can be raffled off to another environmental court.

Cabrido said they respect Larrobis’ decision.

Rally

Meanwhile, about 200 employees of Cemex Holding Corporation who were affected by a layoff at the company, is asking the Naga City government for help.

Engr. Jenevy Patalinghug, 46, an employee's representative of Cemex Holdings Inc., said they would want to know of the government’s hazard reduction plan considering 30 percent or more than 100 regular employees and 40 percent or more than 600 casual employees at Cemex are subject to layoffs.

Patalinghug said the management has informed them of a six-month suspension of operations but the resumption remains unclear. Patalinghug said many of her co-workers who are breadwinners lost their income because of the non-operation of ALQC for the past two months.

Mayor Kristine Chiong, for her part, said has spoken to and asked for help from different agencies.

The hazard reduction plan seems adrift, she said.

"Sa tinuod lang, kaning hazard reduction plan, walay kapadulngan kinsay mu-approve. Ang MGB dili sad sila mu-approve, ang DENR dili sila mu-approve. Adto kuno ipasaka sa… kani ha, fresh ni siya nga information… adto ipasaka sa National Disaster Risk Reduction Management Council," she said.

She said the loss of jobs is a consequence of the workers’ employer. — JMO (FREEMAN)