Dumpit case stays with Judge Veloso

CEBU, Philippines - The Court of Appeals has denied the petition of controversial policeman Adonis Dumpit to inhibit Regional Trial Court Judge Ester Veloso from handling his case.

Associate Justice Gabriel Ingles denied Dumpit’s petition for certiorari for his failure to support its allegation that Veloso was biased in denying his numerous motions.

Veloso earlier denied Dumpit’s motion for inhibition, prompting Dumpit to bring his concern to the Court of Appeals.

Dumpit is facing charges for murder for allegedly killing alleged robber Ronron Go on December 14, 2004 in Barangay Tejero, Cebu City. Ronron sustained two gunshot wounds on his back, which caused his death.

Dumpit has pleaded not guilty to the charge.

Thereafter, during the trial of the case, Dumpit filed numerous pleadings, motion to bail, motion to transfer to other safer detention cell and motion to recuse, but Veloso all denied the same. Veloso also denied Dumpit’s subsequent motions for reconsideration.

In his appeal before the CA, Dumpit cited “bias” on the part of Veloso.

Ingles said the issue to resolve was whether or not Veloso committed grave abuse of discretion amounting to excess of jurisdiction when she did not inhibit herself from handling the case.

In his ruling, Ingles said their was no convincing evidence that Veloso acted with bias and prejudice in denying petitioner’s motions and in not inhibiting from further handling the case.

“The totality of the facts presented does not convince us that respondent judge should inhibit from the case and not undertake her noble role to dispense justice according to law and evidence and without fear or favor,” Ingles said.

“To repeat, as long as opinions formed in the course of judicial proceedings are based on the evidence presented and the conduct observed by the judge, such opinion-even if later found to be erroneous on appeal or made with grave abuse of discretion on certiorari-will not necessarily prove personal bias or prejudice on the part of the judge,” Ingles said further. – (FREEMAN)