RTC judge says he is never biased

CEBU, Philippines - “Nobody can accuse that this court is biased.”

So said Regional Trial Court Branch 14 Judge Raphael Yrastorza during the hearing of the indirect contempt charge he leveled against broadcast journalist Leo Lastimosa and columnist Pachico Seares yesterday.

Yrastorza said that if Lastimosa and Seares did not make unnecessary comments on his decision finding Lastimosa guilty of libel, then there is no reason for the court to have them explain why they should not be cited for indirect contempt.

In open court, the judge asked what motive Lastimosa and Seares have commenting on his decision, adding that he has never been biased in rendering judgments on cases.

Seares and Lastimosa, through their respective counsels, asked the court to cite the bill of particulars on what column, statements or utterances that the court thinks are considered “contemptuous.”

Seares later told reporters that the indirect contempt case would not stop him and Lastimosa from delivering comments in their respective columns.

He said he cannot find anywhere in his columns what particular portion Yrastroza found questionable.

For his part, Lastimosa questioned the Yrastorza’s authority over them considering that his notice to appeal on his conviction has already been approved by the judge.

“Technically, iya na unta (he should have already) i-forward(ed) ang case sa (to the) Court of Appeals. So I would like to believe na pinangga lang ko ni (that I am a favorite of the) judge and he cannot let go of my case. So I will respect his discretion and (I’m) hoping nga iyang mahatag ang (he could give the) bill of particulars para makahibawo mi sa among atraso og unsaon namo pagtubag sa iyang pasangil batok namo (so we would know our offense and already determine how to respond),” he said.

Lastimosa said it is his constitutional right to request the honorable judge of the bill of particulars.

He apologized to Seares for dragging him into his case.

During the hearing, lawyer Celso Espinosa asked if the court has still jurisdiction over the case considering that he already approved their notice to appeal.

However, Yrastorza replied that the court has still jurisdiction because the record of the case is still in his branch and not yet forwarded to the Court of Appeals.

He gave Seares and Lastimosa 15 days to file their respective comments on the indirect contempt charge, which he said is separate from the libel case he found Lastimosa guilty of.

Yrastorza last month convicted Lastimosa on the libel case filed by then governor now Cebu Third District Rep. Gwendolyn Garcia.

It was in relation to the Lastimosa’s Arangkada column published in The FREEMAN titled “Si Doling Kawatan” in 2007.

“While the authorship and publication of the article ‘Si Doling Kawatan’ has been admitted by the accused, he, however, vehemently refused to admit that the name ‘Doling’ refers to the governor BUT, at the risk of undue repetition, the governor was cited by name in his previous attacks against the governor. Accused cannot now deny the obvious reference which is clearly apparent in the said article, just to escape the dire consequences of his act,” read the decision.

The column tells the story of a fish vendor who became rich after she entered politics. Garcia claimed that it refers to her.

Yrastorza imposed a fine of P6,000 with subsidiary imprisonment in case of insolvency and ordered Lastimosa to pay Garcia P2 million for moral damages.  (FREEMAN)