Lawyer wants RTC judge out of case

CEBU, Philippines - Controversial lawyer Raul Sesbreño does not want family court Judge Ester Veloso to handle the three counts of serious illegal detention case in relation to the anti-child abuse law he is facing.

Sesbreño sought for Veloso’s inhibition yesterday during the hearing of his motion to bail.

Sesbreño manifested in court that prior to his arrest, he was at Branch 8 of the Regional Trial Court when a certain sheriff Regalado approached him.

Regalado reportedly told him that Veloso had called him one time and asked why he did not implement the writ of demolition on a land that Sesbreño is claiming to be his.  Sesbreño earlier told the media that Veloso’s father was the executor of the subject land.

Veloso however, told Sesbreño, in open court to put his allegations into writing to which the lawyer agreed.

The judge said in open court that should she inhibit  from the case, there is only one family court judge left to handle it – Judge Bienvenido Saniel of Branch 20. Earlier, Judge Manuel Patalinghug of Branch 22 inhibited himself.

Sesbreño manifested that he wants his case raffled off to a judge that he can trust and he has confidence in.

Veloso pointed out, however, that the case must be handled by a family court considering that the complainants are minors. 

Veloso said perhaps it is best for the matter to be raised to the Office of the Court Administrator and the Supreme Court.

“Only the SC can designate a judge if you want all the family court judges to inhibit. Well...we will cross the bridge when we get there,” Veloso said.

No due process

Also in yesterday’s proceedings, Sesbreño manifested in court that he was denied due process. He said that the prosecution failed to furnish him copies of the annexes of the complaint-affidavit. He said he will prove that there was no probable cause against him.

Sesbreño is himself his own lawyer.

“This case was filed out of animosity, hostility, design for revenge and others,” he said, adding, that he has filed a complaint against Talisay City Prosecutor Marshall Rubia and his staff before the Office of the Ombudsman-Visayas.

Yesterday, Sesbreño offered evidences to support his motion to post bail.

Aside from the issue of due process, he also alleged that the cases filed against him were fabricated and baseless.

The complainants have accused Sesbreño of locking the door of their house in Barangay Lawaan II, Talisay city on September 7, 2011. Sesbreño and his two companions, Jumbe Dadizon and Sheriff Nestor Ng, reportedly entered their property without permission and that it was Sesbreño who instructed Dadizon and Ng to lock the house using pieces of wood.

The complainants, a 16-year-old boy, a 16-year-old girl, and an eight-month old baby, were then locked inside the house for at least three hours.

Sesbreño argued, however, that he was at the area only to “accept” possession of the property and did not, in any way, participate in the implementation of the writ of demolition.

Speedy trial

Being in detention, Sesbreño said he is entitled to a speedy trial.

He is asking the court to allow him to post bail because he is reportedly suffering from a serious heart problem. In fact, after he was arrested last week, he had to be brought to the Cebu City Medical Center (CCMC) before he was brought to the Talisay City Jail. The doctor reportedly recommended confinement, but the advice became futile because of the court order.

Sesbreño asked the court to allow him to use his personal typewriter in jail so he can work on the necessary pleadings for his case. The court agreed on condition that he will only use the typewriter for his case and in drafting pleadings for him to withdraw as lawyer in the cases he is handling in Manila.

Aside from this, Sesbreño also asked the court to spare him from handcuffs during transport to and from court because he himself is an officer of the law, but Veloso said she will not act on the request until the Talisay City Jail Warden can comment on the request. The court has given the warden three days to comment.

The court has deferred Sesbreño’s arraignment pending resolution of the motions he filed.  — (FREEMAN)