The family of Ruby Rose Barrameda will file an appeal to stop the case from being raffled off to a new judge who may not be “as partial and fair” as the current one.
In an interview, actress Rochelle Barrameda-Labarda, the victim’s sister, told the Inquirer Tuesday that she and her family would “definitely” resort to legal means such as filing a motion for reconsideration in the Court of Appeals.
“We are worried that whoever will take [Judge Zaldy Docena’s] place will be easily influenced. We have seen [his] fairness. At first, we were really scared when he [took over] but he showed he has principles,” Labarda said.
She added that she and her family would determine their next move following a meeting with their lawyers and prosecutors from the Office of the Solicitor General tomorrow.
Lawyer Franklin Sunga, who represents the Barramedas, told the Inquirer that they also had the option of elevating the case to the Supreme Court.
Earlier, the 10th Division of the Court of Appeals, acting on a petition filed by Manuel Jimenez Jr.—the victim’s father-in-law and among those accused of having a hand in her death—ordered the case to be reraffled off as it cited grounds showing Docena’s partiality to the Barramedas.
In addition, it reversed Docena’s earlier decision to allow Manuel Montero, another accused, to turn state witness.
According to Labarda, they also plan to appeal this since their case would be weakened if Montero is not discharged as a state witness.
Sunga agreed although he refused to elaborate. “[All I can say is] it is difficult to prosecute [if Montero is not allowed to turn state witness]. Just read between the lines,” he said.
In its decision dated May 22, the appellate court said that there was basis for the allegation of partiality against Docena of the Malabon Regional Trial Court Branch 170 as evidenced by several of his actions which it noted favored the victim’s family.
At the same time, the court ruled that Montero should not be allowed to turn state witness since he failed to comply with several of the conditions set under the Rules of Criminal Procedure.
The body of Ruby Rose was fished out of the waters off Navotas in June 2009, more than two years after she went missing. She had been strangled to death before being stuffed inside a steel drum and covered with concrete.
Several members of her husband’s family ended up being charged with her murder, along with Montero who claimed that the victim’s husband, father-in-law and uncle had ordered her killed.
At the time she went missing, Ruby Rose and her husband had been fighting in court over who was to have custody of their children.