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Inhibit self, judge in Aguilar case asked

Judge reveals ties with accused’s lawyer

By Julie M. Aurelio
Philippine Daily Inquirer
First Posted 00:25:00 02/02/2010

Filed Under: Judiciary (system of justice), Crime and Law and Justice

MANILA, Philippines?A Quezon City judge has been asked to inhibit himself from the case of Marlene Aguilar?mother of road rage suspect Jason Ivler?because of his ties with the accused?s lawyer.

In a two-page urgent pleading filed Monday, Assistant City Prosecutor Ulric Badiola asked Judge Voltaire Agas of the Quezon City Metropolitan Trial Court Branch 35 to inhibit himself from the case to avoid allegations of a whitewash.

Agas, who is hearing the obstruction of justice case filed against Aguilar, earlier said that he and Aguilar?s lawyer, Mitzell Arthur Magdaong, belonged to the same fraternity at San Beda College where they took up law.

He then asked both parties to comment on his disclosure.

?Although the undersigned believes in the integrity, honesty and sense of impartiality of the judge, it would still be best or at least more prudent for the judge to inhibit [himself] from handling the case so as not to further agitate the sentiment of the public,? Badiola said in his motion.

He added that it was important for the courts to ?ultimately preserve the trust of the people in the judiciary and judicial system as a whole.?

At the same time, he noted that even before the judge?s disclosure, reports about his connection to Aguilar?s lawyer had already been reported on the web.

According to Badiola, someone even posted a comment which read, ?Please move for the inhibition of Judge Voltaire Agas. Maluluto lang yang kaso ni (There will be a whitewash of the case of) Marlene. Judge Agas is very close to her lawyer.?

?To dispel any suspicion or doubts which may be entertained in the minds of the complaining operatives and the public in general, the undersigned saw it fit to file the instant motion,? he said in his motion.

Agas has yet to act on Badiola?s urgent motion.

But should he decide to grant the prosecution?s petition, the case against Aguilar would be re-raffled off to another court.

Ivler was wounded and arrested in a shoot-out with agents of the National Bureau of Investigation who raided his mother?s house at Blue Ridge Subdivision in Quezon City on Jan. 18.

He was being sought on murder charges after he was tagged by witnesses as the one who shot and killed Renato Victor Ebarle Jr. during a traffic altercation on Nov. 18.

Aguilar, on the other hand, was charged with obstruction of justice after she reportedly hid her son from lawmen who were out to arrest him.

Her arraignment has been set for Feb. 18 while the court will hear her motion for preliminary investigation on Feb 5.

Aguilar earlier asked that the case against her be returned to the Quezon City Prosecutor?s Office as she claimed that she was subjected to inquest proceedings on Jan. 19 without her lawyer.



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