DOJ clears Quezon City judge in unjust judgment rap by ex-lawmaker

MANILA, Philippines - The Department of Justice (DOJ) has dismissed a criminal charge filed by former Occidental Mindoro congressman Jose Villarosa against a Quezon City regional trial court (RTC) judge who convicted him for the 1997 murder of two sons of his political rival, Ricardo Quintos.

In a four-page resolution released last Thursday, Justice Secretary Leila de Lima ordered the withdrawal of the “rendering unjust judgment” charge against Branch 81 Judge Theresa dela Torre-Yadao because the judge’s right to due process was violated.

De Lima reversed a 2010 resolution of former DOJ secretary Agnes Devanadera, who approved the filing of the charge for violating Article 204 of the Revised Penal Code against Yadao.

She said Yadao was denied due process when Devanadera resolved Villarosa’s appeal without giving the judge the opportunity to file her comment or be heard on the issue.

She also stressed that based on records of the case, Villarosa had not presented evidence showing “bad faith, malice or corrupt purpose” on Yadao’s part when she rendered the decision.

“We are one with the investigating prosecutor that there is nothing in the record… that would convince us that Judge Yadao was personally animated by some malicious desire, hatred or vendetta to send complainant Villarosa to jail,” De Lima said.

The DOJ chief reinstated the previous resolution of Assistant State Prosecutor Juan Pedro Navera, who dismissed the complaint of Villarosa against Yadao.

Yadao issued a decision on Feb. 3, 2006 convicting Villarosa for murder and sentenced him to suffer the penalty of death. On automatic review, the Court of Appeals reversed the decision on March 18, 2008 and ordered Villarosa’s release from prison.

Upon his release, Villarosa filed a complaint before the DOJ against Yadao for unjustly and deliberately disregarding the evidence he presented to disprove his alleged involvement in the crime. He stressed that he was convicted despite the absence of any witness who could testify that he had conspired with the other accused in committing the twin murders.

Navera, however, dismissed Villarosa’s complaint and held that Yadao acted in good faith in finding Villarosa and several others guilty for the Quintos brothers’ murders.

In reversing Navera’s findings, Devanadera stressed that the prosecutor was “too trusting and sweeping in nature” in accepting Yadao’s “good faith” argument and the defense of denial.