Inhibition of 2 Sandigan justices in Ongpin’s graft case bucked

MANILA, Philippines - The camp of businessman Roberto Ongpin is opposing a petition for  two Sandiganbayan justices to inhibit  themselves from the graft case against the former trade minister and former officials of the Development Bank of the Philippines (DBP).

Last Thursday, the prosecution sought the voluntary inhibition of Presiding Justice Francisco Villaruz, chair of the Sandiganbayan’s third Division, and Justice Samuel Martires, citing conflict of interest.

The prosecutors said Villaruz is a member of the Alpha Phi Beta and fraternity brother of one of the defense counsels, Alexander Poblador, one of Ongpin’s lawyers.

They also pointed out Villaruz is the father of lawyer Carlos Villaruz, one of the partners in Esguerra and Blanco Law Offices, which appeared as counsels for a company affiliated with Ongpin.

“If the fact of being fraternity brothers is ground for inhibition, which it is not, there would be hundreds, if not thousands of cases which would have been affected since a multitude of justices and defense or prosecution counsels are fraternity brothers,” Ongpin’s legal counsel said yesterday.

Ongpin’s lawyers questioned the prosecution, pointing out the case was raffled to the Sandiganbayan’s Third Division as early as January.

“Why is it only now that the Ombudsman is asking for the inhibition of the two justices, five months after the case was raffled to the Third Division and one day after the public hearing,” one of Ongpin’s defense counsels asked.

“If justices of the Sandiganbayan or any other court would be asked by the Ombudsman to inhibit after public hearing of the case, this would set a very bad precedent, since once the case is going against them, the Ombudsman could simply resort to the tactic of asking justices or judges to inhibit themselves,” the lawyer added.

The case involved P660 million in alleged behest loans granted to Deltaventures Resources Inc., a company owned by Ongpin. The complainants termed the loans as behest, saying they were granted with extraordinary speed, were undercollateralized and the borrower was undercapitalized.