Brother of "reb leader" eyes judge's inhibition from case

CEBU, Philippines - The brother of alleged NPA leader Ramon Patriarca has asked the Supreme Court to disqualify Judge Edito Enemecio from hearing the rebellion case of his brother and find another judge after the said judge allegedly deprived the accused of due process.

Jesus Patriarca said in his complaint that Enemecio showed bias, partiality and arbitrariness amounting to grave abuse of discretion and showed “clear intent to trample on the right” of Ramon when he issued the alleged alias warrant of arrest without any corresponding amended information. 

Jesus said that his brother was arrested last February 5, by virtue an alleged alias warrant of arrest issued by the Danao Regional Trial Court on the same date and was never afforded his right to counsel upon his arrest and was tortured and beaten up as claimed on their application for a Writ of Amparo.

Jesus said that an ex-parte motion to insert the true name of Ka Robert in the information and in the alleged alias warrant of arrest was filed by the Office of the Provincial Prosecutor without any notice of hearing last February 5.

Enemecio allegedly made it appear Ramon cannot avail of bail when the amended information is merely for simple rebellion which is bailable.

Jesus also said that Enemecio also refused to order and direct the arresting officers to present Patriarca before him for his commitment. He also claimed that Enemecio admitted that he will grant the ex-parte motion to insert the true name in the information so Ramon cannot post bail.

As stated in the complaint Enemecio also claimed that he will inhibit himself only after he grants the ex-parte motion to insert the name of “Ka Robert”.

Last Monday, Patriarca showed the court the bruises he allegedly sustained during interrogation by police and military in barangay Casili, Consolacion town last February 5.

Meanwhile, Cebu Provincial Police Office director Carmelo Valmoria yesterday said that he will answer the complaint filed against him last Thursday by the militant group Karapatan for allegedly defying a court order to turn over Patriarca to the custody of the Department of Justice after the issuance of a Writ of Amparo.

Valmoria said he expected that a case will be filed against him and said that he is not affected by the issue.

“I’m just doing my job,” he said. — Jasmin R. Uy and Bentley Naire Luyong (CIT Masscom intern)/BRP   (THE FREEMAN)