MANILA, Philippines?A Quezon City trial judge has formally inhibited himself from handling the obstruction of justice case filed against Marlene Aguilar in order to remove any doubt or suspicion of bias on the part of the court.
In a three-page order released Monday afternoon, Judge Voltaire Agas of Metropolitan Trial Court Branch 35 said he is dropping the case after the prosecution sought his inhibition.
?In order to spare this court from further unwarranted and baseless opinions that may be hurled against and cause the erosion of people?s faith in the court ... the undersigned judge hereby inhibits himself from further hearing this case,? the three-page order read.
Agas added that he was inhibiting himself from the obstruction of justice case against Aguilar to remove any doubt or taint of suspicion on the court or the presiding judge, ?and to the best orderly administration of justice.?
The court has forwarded the case records to the MTC Office of the Clerk of Court. Court employees said the case is set to be re-raffled to another court on Thursday, Feb 11.
Agas maintained that he has no personal interest in the case, other than the fact that he and the defense lawyer belonged to the same law fraternity in college.
?For this court sees only evidence before him, and not personages,? Agas said in his order.
Assistant city prosecutor Ulric Badiola earlier asked Judge Voltaire Agas of Branch 35 to drop the case and inhibit himself from the case, pointing out that Agas and defense lawyer Arthur Mitzell Magdaong belonged to the same fraternity in law school.
Agas has previously disclosed in an order that he and Magdaong belonged to the same fraternity in law school at the San Beda College.
Magdaong is representing Aguilar, who was charged with obstruction of justice for allegedly lying to authorities about the whereabouts of her son, road rage suspect Jason Ivler.
Aguilar?s son, Ivler, was wounded and arrested in a shootout with NBI agents on Jan. 18 at Aguilar?s home in Blueridge A Subdivision, two months after going into hiding.
Ivler has been charged with murder for allegedly shooting Renato Ebarle Jr., son and namesake of a Malacañang official, on Santolan Road in Quezon City last year.
Likewise, Aguilar was also charged with obstruction of justice for hiding her son and allegedly lying to authorities on Ivler?s whereabouts.
As to the motion for preliminary investigation filed by Aguilar?s camp, Agas said the pending motion would be resolved by whichever court gets the case after the reraffle.
The defense earlier submitted motion for preliminary investigation to refer the case back to the Quezon City prosecutors office, saying Aguilar was subjected to inquest proceedings without proper counsel.