Judge Jaime Salazar Jr. of Branch 103, immediately acted on the motion of the prosecution to recall the release order issued by Judge Emilio Leachon Jr. of Branch 224.
The 10 suspects were arrested during a raid of a shabu laboratory at 15-B Gonzales Street, Xavierville, Loyola Heights conducted by agents of the Regional Intelligence Special Service Office on July 18, 2002.
The case was raffled off to the sala of Salazar after Assistant City Prosecutor Luis Zenon Maceren filed an urgent motion for reconsideration and inhibition against Leachon from acting upon the case against the accused.
Salazar granted the motion to recall the release order for the shabu laboratory suspects to prevent their possible flight, pending the motion seeking to reverse an earlier resolution to quash the information filed against the accused.
Ordered released last Nov. 19 were Jimmy Chua, Man Chuck Li, Willy Ang, Tom Chua, Lai Nar Li, San Li Chua, Concepcion Andoon, Jessilyn Lamosa, Sally Ong and Jamil Maramanay.
Leachon had decided to inhibit himself from further hearing the cases against the shabu laboratory suspects, noting that his inhibition would obviate any suspicion of partiality as alleged by the prosecution.
More than 1,000 grams of suspected ephedrine hydrochloride, a component for the manufacture of shabu, and several kilos of shabu were seized by the raiding team during the raid last July.
In seeking Leachon’s inhibition from further hearing the charges and a re-raffle of the case to other special drug courts, the prosecution said other salas of the court would have the chance to review whether or not his decision was correct or not.
The motion to quash the search warrants and motion to quash information filed against the suspects were earlier granted by Leachon after the prosecution failed to present Roberto Sanchez, a police informant who was their lone witness in court.
"That because of this apparent partiality, the prosecution feels that it cannot expect an impartial ruling from the court. In order to protect the integrity of the judiciary from the suspicion of any partiality or bias, this court should inhibit itself from further acting upon the cases," Macaren said in a five-page urgent motion for reconsideration and inhibition.
Leachon also ordered the quashing of the search warrant issued on July 16, 2002 by Manila Judge Enrico Lanzanas because it was not filed with the court which has primary jurisdiction over the case.