MANILA, Philippines?(UPDATE 4) A Quezon City judge has been asked to inhibit herself from handling the multiple murder case against Andal Ampatuan Jr., the alleged brains in the slaughter of 57 people in Maguindanao, due to alleged ?ineptness and ?misconduct.?

In his motion, lawyer Philip Sigfrid Fortun said Judge Jocelyn Solis-Reyes of QC Regional Trial Court Branch 221 should let another judge handle the controversial case, having showed her ineptness when she allowed leading questions in violation of the rules on evidence.

In a 23-page motion for recusation he filed on Tuesday, Fortun said Reyes ?has committed serious misconduct in disregarding simple evidentiary rules.?

?There is serious or gross misconduct when judicial acts complained of were corrupt or inspired by an intention to violate the law or were in persistent disregard of well-known legal rules,? the lawyer said in his motion, a copy of which was obtained by the Philippine Daily Inquirer on Wednesday.

Judge Solis did not act on the motion but instead gave the prosecution 10 days to comment on it.

At the same time, the judge deferred Wednesday?s trial to February 24 to allow the respective lawyers of the 196 other accused to catch up with the proceedings. No hearing was held.

"The accused requested, in light of recent developments, that the proceedings today be deferred," Fortun told the court.

Fortun said he wants to prepare for the additional murder charges filed against the other members of the Ampatuan clan.

The prosecution did not object to the defense's manifestation

On the side of the prosecution, lawyer Nena Santos, counsel for Buluan Vice Mayor Esmael Mangudadatu, said she will oppose the motion because a new judge would have a different appreciation of the evidence already presented in court.

"Judge Reyes has seen, heard the witnesses when they testified in court. Aside from hearing the testimonies of the witnesses, she was able to observe the gestures, the tone of voice of these witnesses while they were being examined and cross-examined so she would know if these witnesses are telling the truth or not," Santos said.

"If there will be a new judge, that new judge will just have to rely on the transcripts of the witnesses' testimonies," she added.

Mangudadatu himself criticized the motion.

?Taktika yung ginagawa nila, like yung pinapa-inhibit nila yung judge. Napaka fair naman nung judge. So ano yung mga reasons nila para ipainhibit yung judge? Delaying tactics yun (They are employing tactics like asking the judge to inhibit herself. The judge is very fair. What are the reasons for doing so? That?s delaying tactics),? Mangudadatu told reporters outside the court room.

According to Mangudadatu?s lawyer, only Reyes could decide if she should inhibit herself from the case.

?Inhibition is solely on the judge. No other parties can ask it. It is her own discretion, her own decision, whether she will inhibit herself or not. Nobody can order her, not even the SC [Supreme Court],? Santos said.

?I don?t think she will inhibit herself,? Mangudadatu added, ?Pero depende rin kay judge yan. Saka napaka fair niya. Siya pa nga strikto sa amin eh (That would depend on the judge. She has been very fair. She has been strict with us).?

Ampatuan arrived at around 8 a.m. Wednesday with a convoy of the National Bureau of Investigation and the Philippine National Police.