CA justice refuses to inhibit from handling Zaldy Ampatuan case

BAGUIO CITY, Philippines—A Court of Appeals Associate Justice refused to inhibit from handling a motion of former Autonomous Region in Muslim Mindanao (ARMM) Governor Zaldy Ampatuan.

The detained former governor wants the Court of Appeals to exclude him from the Maguindanao massacre case.

He sought the inhibition of Associate Justice Noel Tijam saying he has already prejudged his case. Tijam is one of the justices who dismissed the petition of former Maguindanao Governor Andal Ampatuan Sr. also asking that he be excluded as among the principal accused in the Maguindanao massacre case.

In a ruling issued today by the appeals court Special Former Eleventh Division, Tijam said the former ARMM head failed to prove his allegation that he is bias.

“Barren of any proof cannot force him to shark away from bounded judicial duties and functions as a magistrate. Otherwise, his sworn responsibility to decide cases without fear or favor will just become a hollow oath,” Tijam said.

Tijam pointed that the petition of the Ampatuan patriarch and Zaldy arose out of only one unfortunate incident.

“While each of these two cases has its own set of peculiarities, this Court did not, however, waste its precious time and resources to try and paint two completely different pictures of only one and the same scenario,” Tijam said.

“The dictates of prompt and efficient disposition of justice may have impelled the undersigned ponente (Tijam) to adopt albeit only to some extent and as far as practicable the statement of facts…However, this should not in any way diminish his credibility as neutral impartial judge,” Tijam added.