Judge defends self vs two journalists
Why only now?
This was the question of Regional Trial Court Judge (RTC) Raphael Yrastorza to two prominent journalists who purportedly accused him of being biased in rendering a court decision.
In an order dated October 2, Yrastorza had defended himself from statements attributed to newspaper columnist and broadcaster Leo Lastimosa and veteran journalist Pachico Seares which he thought dishonored the court. Last week, he ordered Lastimosa and Seares to explain to the court why they should not be cited for indirect contempt by the court.
Aside from articulating his stand on the two journalists’ purported criticism on him, Yrastorza reset the date of the indirect contempt hearing from October 18 to November 8 to give them more time to comply with the court’s order for them to explain why they should not be held in indirect comtempt by the court.
Yrastorza said Lastimosa and Seares accused him of rendering a questionable verdict in favor of former Cebu governor Gwendolyn Garcia just because he’s receiving monthly allowance from the provincial government.
Yrastorza convicted Lastimosa last August 30 of libel for destroying the reputation of Garcia in his Arangkada newspaper column in The Freeman titled “Si Doling Kawatan”, published on June 29, 2007. Lastimosa, an executive of ABS-CBN in Cebu as manager of radio station DYAB and anchor of TV Patrol Central Visayas, was ordered to pay a fine of P6,000 and P2 million in damages to Garcia. He is contesting the conviction at the Court of Appeals.
“Nowhere during the proceedings did the accused or his counsel or Atty. Seares insinuate that the presiding judge was bias for receiving allowance from the province or for any other reason,” Yrastorza said.
He reiterated his claim that he has never been impartial even if he is receiving a monthly stipend of P12,000 from the Capitol.
“If the only consideration was that the presiding judge was getting an allowance from Capitol at the time the case of libel was submitted for judgment, Gwen Garcia was no longer the provincial governor, thus has no longer any control over the allowance for judges,” Yrastorza said.
“The presiding judge should have had ruled in favor of the accused (Lastimosa) since the present governor (Hilario Davide III) was the adversary of the former governor and one of the defense witness (Atty. Democrito Barceas) was the campaigner of the present governor…,” he added.
Yrastorza explained that receiving allowances from local government units is allowed by law.
“Even our honorable Supreme Court has not deemed it proper to prevent judges from receiving allowances from the city and/or province. As a matter of fact, for the traveling expenses of judges. The Supreme Court allows judges to secure the same from the LGU… depending on the availability of local funds,” he said.
Yrastorza said accusing him of being impartial because he’s receiving a monthly allowance from the Capitol does not only discredit him but also the other judges who likewise get a stipend from the province.
“This does not only destroy the integrity of the presiding judge of this court but all other judges as well as the Court of Appeals justices who may also be receiving allowances from both the province and the city,” he said.
He ordered Lastimosa and Seares to explain why they should not be cited for indirect contempt for insinuating that the judge was biased in rendering verdict against the ABS-CBN official.
Yrastorza said Lastimosa lambasted him in his radio program in DYAB as well as in his program in ABS-CBN when the latter reiterated that the judge was biased as he had an acquaintance with the Garcias.
On the other hand, Seares allegedly dishonored the judge in his column in Sun.Star Cebu dated Sept. 5, 2013.
Yrastorza said Seares compared him to Justice Presbitero Velasco whose wife allegedly benefits from the “disputed pork barrel.”
The judge said Seares highlighted Velasco’s statement that the pork barrel his wife gets might cast doubt on his decision while he doesn’t think that the stipend he gets from Capitol will not stop him from deciding justly.
