Shabu Lab Trial: RTC Judge Yap junks move for her inhibition from case

Regional Trial Court-branch 28 Judge Marilyn Lagura-Yap has denied the defense's motion for her voluntary inhibition from the shabu manufacturing cases she is currently handling.

Judge Yap, in her six-page order, said the motion has no basis in law and in fact, adding that bias and prejudice of the judge as a ground for disqualification must be actual and it must be shown by clear and convincing evidence.

"Fear is not exactly an extrinsic evidence of bias that the rule requires of them to also ask for the inhibition of this judge. Indeed, to paraphrase Desiderata, many fears are born out of imaginings and uncertainties," Judge Yap said.

She said that accused Calvin de Jesus Tan, represented by his counsel William de los Santos, had taken the wrong path in filing a motion for her to inhibit, which is no substitute to the proper remedy for review.

De los Santos moved that Judge Yap inhibit from the case for allegedly being bias and prejudicial to his client's fate in the case. This was after the judge, last March 31, denied Tan's petition for bail as the evidence against the latter was strong.

Due to the denial of Tan's bail plea, De los Santos contended that Judge Yap already prejudged his client's guilt despite no evidence at all, so Judge Yap must inhibit from hearing the case.

Judge Yap remained unfazed, as she ruled that if such notion be followed then every judge who denies a bail petition will always be suspected and charged of biased and predisposed against the accused.

The other defense counsel who joined De los Santos by filing their own but similar motions for Judge Yap's inhibition was Vicente Fernandez, the counsel of accused Tao Fei and Liu Bo.

Lawyer Hector Fernandez, counsel of accused Lin Li Ku and Wu Tyao Yi, also joined the fray. So did lawyers Eric Carin and Lorenzo Paylado, counsels of accused Liew Kam Siong, Siew Kin Weng and Bao Xiafu.

Vicente and Hector argued that since they are in a no-win situation already, the proceedings of the case have become a farce thus, they want Judge Yap's voluntary inhibition.

Carin and Paylado, for their part, contended that they were convinced that, even if the prosecution is still halfway in its presentation of evidence, there is already a prejudgment of the two cases under Judge Yap.

Yap, in denying the motions for her inhibition, also questioned why the other seven accused have joined Tan's motion when it was only the latter who was the subject of the denied bail petition.

"It is consoling but ironical that Tao Fei, Liu Bo, Lin Li Ku and Wu Tyao Yi can treat this judge with respect but at the same time doubt her impartiality," said Judge Yap.

Tan, along with 13 others including warehouse owners Richard Ong and Andy Ng, are facing trial in Judge Yap's sala for two counts of alleged violations of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002.

Tan is indicted as the alleged financier of the two clandestine shabu laboratories in barangay Pakna-an and Umapad in Mandaue City that authorities have raided in 2004.

The busted shabu laboratory in barangay Umapad was said to be the biggest shabu laboratories ever found in Southeast Asia. Seized in the raid were 675 kilos of shabu worth P1.5 billion and enough chemicals to produce 15 tons more of the banned substance. - Mitchelle P. Calipayan