Gloria Lastimosa Dalawampu, the counsel for Tan, earlier asked Yap to inhibit from the case, saying that the judge has showed biases against her client.
As the result of alleged "blatant display of bias," Tan had filed an administrative case against Yap for alleged gross ignorance of the law, grave misconduct and other violations of Code of Judicial Conduct before the Supreme Court on October 4, 2006.
"To protect accused Calvin Tan's interest, it is imperative that presiding Judge should inhibit herself to prevent further damage and prejudice to Calvin Tan. Well-entrenched is the rule that a judge should not only be impartial but must appear to be impartial," Dalawampu said.
But Haide Acuna, the counsel for Richard Ong, the other accused, opposed Dalawampu's move, saying it would further delay the proceedings of the case.
But Dalawampu said in her motion that their move to seek for Yap's inhibition would not delay or frustrate the process of the hearing.
As a result of the motion's denial, Yap ordered the continuation of the trial that enabled the prosecution to present one of its witnesses, SPO2 George Cansancio.
Cansancio was among the Philippine Drug Enforcement Agency agents who tailed one of the accused, Joseph Yu, from barangay Umapad to barangay Pakna-an in Mandaue City since the first week of September in 2004.
Cansancio said Yu had been unloading from his Mitsubishi Adventure volumes of iodized salt, caustic soda, washing machines, acetone, gas tanks and glass panel at the Pakna-an warehouse.
All of the items, according to Cansancio, are essential ingredients in the manufacture of shabu.
Defense counsel Vicente E. Fernandez II was quick to ask the witness that, "since a warehouse is a storage of items in large quantities, do you expect Mr. Yu to store only one kilo of iodized salt?" The witness responded negatively and even admitted that he too eats iodized salt.
Fernandez also questioned the way the raiding team was able to secure a search warrant based on the reported items.
Another defense lawyer, Noel Archival, provided a comic relief during the two-hour hearing when he asked the witness: "This so-called glass panel, is this a wood or steel?" The witness, nevertheless, answered that it is a glass.
Tan, together with the 13 others, and warehouse owners Ong and Andy Ng are facing trial for alleged violations of Republic Act No. 9165 or the Comprehensive Dangerous Drugs Act of 2002.
Tan is being indicted as the alleged financier of the raided two clandestine shabu laboratories in barangays Pakna-an and Umapad in Mandaue City. The one in barangay Umapad was said to be the biggest in Southeast Asia.
Seized in the raid were 675 kilos of shabu worth P1.5 billion and various chemicals enough to produce 15 tons more of the illegal drug. - Ramil V. Ayuman and Mitchelle L. Palaubsanon/LPM