CA justices inhibit selves from Subic rape case review

The review of the controversial Subic rape case at the Court of Appeals took an unexpected twist after two of the three justices at the CA’s Special 16th Division decided to inhibit themselves.

Sources said Associate Justices Celia Librea Leagogo and Vicente Veloso submitted letters of inhibition to the division’s clerk of court last June 4 and June 13, respectively.

Sources said Leagogo inhibited herself from reviewing the case because she personally knows one of the parties’ lawyers while Veloso said his daughter is a member of the law firm defending US Marine Lance Corporal Daniel Smith, who was convicted by Makati City Judge Benjamin Pozon for raping a Filipina in the Subic Freeport on Nov. 1, 2005 and sentenced to 40 years in jail.

The review of the case was re-raffled to other justices. According to sources, Leagogo was replaced by Associate Justice Apolinario Bruselas Jr. and Veloso by Associate Justice Noel Tijam.

Only Associate Justice Agustin Dizon, the designated writer of the decision on the review, is left from the original set of justices assigned to review the case. Dizon, however, will retire on June 27.

Smith’s lawyers elevated the case for review at the CA after he was convicted. Three of his co-accused were acquitted of the rape charge.

Following the verdict, the National Government allowed Smith to be taken from the Makati City jail and handed over to the US Embassy for custody until the final verdict on his case is handed down.