DOJ clears QC judge over Villarosa case

Justice Secretary Leila de Lima

MANILA, Philippines — The Department of Justice (DOJ) has cleared a Quezon City regional trial court judge of criminal charges for handing down the death sentence on former Mindoro Occidental Rep. Jose Villarosa in connection with the 1997 killing of the two sons of his political rival Ricardo Quintos.

In ordering the withdrawal of complaint, Justice Secretary Leila de Lima said Judge Theresa Yadao was denied of due process when then Justice Secretary Agnes Devanadera directed the indictment of the judge on March 1, 2010, for “knowingly rendering an unjust judgment” against Villarosa.

Villarosa, whose wife, incumbent Mindoro Occidental Rep. Amelita Villarosa, is a staunch ally of then President Gloria Macapagal Arroyo, sued Yadao for alleged violation of Article 204 of the Revised Penal Code after the Court of Appeals acquitted him in March 2008.

In revoking Devanadera’s order, De Lima said the former lawmaker failed to present proof that Yadao showed “bad faith, malice or corrupt purpose” when she convicted him for masterminding the killing of brothers Paul and Michael Quintos.

“We are one with the investigating prosecutor that there is nothing in the record… and nothing from the assailed decision itself… that would convince us that Judge Yadao was personally animated by some malicious desire, hatred or vendetta to send Villarosa to jail,” De Lima said in a four-page resolution.

She added: “The investigating prosecutor is directed to move for the withdrawal of the information filed in court, if one was filed.”

The justice secretary said the judge was not given the chance to submit her comment when Devanadera reversed the resolution of Assistant State Prosecutor Juan Pedro Navera, who recommended the dismissal of Villarosa’s complaint against Yadao.

In her own order, Devanadera said Navera was “too trusting and sweeping in nature” in believing the judge’s denial and argument of “good faith.”

On Feb. 3, 2006, Yadao found Villarosa and his other co-accused guilty for the murder of the Quintos brothers who were gunned down in Mamburao, Mindoro Occidental on Dec. 17, 1997.

But the appellate court rescinded the judge’s ruling and ordered Villarosa’s immediate release from the New Bilibid Prison.

Although it reversed the guilty verdict, the appeals court said the acquittal of Villarosa, Ruben Balaguer, Gelito Bautista and Mario Tobias for lack of evidence “does not suggest that they are innocent.”