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Ivler case raffled to another judge

By Julie M. Aurelio
Philippine Daily Inquirer
First Posted 14:13:00 09/04/2010

Filed Under: Crime, Crime and Law and Justice

MANILA, Philippines ? The murder case against road rage suspect Jason Ivler has been re-raffled to another Quezon City court more than two weeks after the previous judge inhibited himself from the case.

Judge Bayani Vargas of Quezon City Regional Trial Court Branch 219 is now in charge of hearing the case against Ivler, who is standing trial for the death of Renato Victor Ebarle Jr. on a Quezon City street in November 2009.

The Inquirer learned that the case was re-raffled on Thursday to Vargas?s sala after Judge Alexander Balut of RTC Branch 76 decided to heed the prosecution?s calls for his inhibition.

Vargas has yet to set a date for the continuation of the trial as the judge is still reviewing the records of the case, still docketed as Q-09-162215.

Vargas will first have to rule first on Ivler?s motion for urgent hospital confinement, as he is seeking court permission to undergo abdominal surgery in order to reverse the colostomy done on him after he was injured in a shootout with police who went to his mother place to arrest him.

Two weeks ago, Balut granted repeated calls for his inhibition lodged by the panel of prosecutors in order to avoid any appearance of bias.

?After rational consideration of the allegations, even knowing that they are unsupported? and just to obviate any further speculation the prosecution panel might be nurturing at the back of its mind regarding his propensity to tilt the scales of justice in favor of the accused, and if only to remain consistent with the noble task of dispensing justice freely and independently, the undersigned now inhibits from further proceeding in this case,? Balut said in his decision to inhibit himself from the case.

The panel of prosecutors from the Department of Justice had repeatedly asked for Balut?s inhibition, claiming Balut had committed procedural lapses during the trial.

Balut initially denied a motion for his inhibition and a motion for reconsideration lodged by the prosecution, which claimed the judge committed a violation of due process and the prosecution?s right to speedy trial.

In an August 2 order junking the motion for reconsideration, Balut said he believed he acted within constitutional parameters and the concepts of fair play and orderly administration of justice.

Ivler went into hiding after he was charged with killing Ebarle in a traffic incident in Quezon City on November 18, 2009.

He was seriously wounded when he decided to shoot it out with agents of the National Bureau of Investigation on January 18, 2010 while hiding at his mother?s house in Quezon City.

Following his surgery and confinement at the Quirino Memorial Medical Center, Ivler was eventually detained at the Quezon City Jail.

Ivler is asking the court to allow him to undergo an abdominal surgery to reverse his colostomy and enable him to defecate normally.



Copyright 2012 Philippine Daily Inquirer. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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