Five RTC judges inhibit from Sesbreño case

CEBU, Philippines - Almost two months after his arrest inside the Palace of Justice, lawyer Raul Sesbreño’s case seems stagnant, this after judges in the Regional Trial Court inhibited themselves from handling his case.

Sesbreño, who was accused of three counts of serious illegal detention in relation to Republic Act 7610 or child abuse, was arrested last Aug. 13, 2013 by virtue of a warrant of arrest issued by Judge Ester Veloso of RTC Branch 6.

Reportedly, Veloso was the second judge to handle the case after Judge Manuel Patalinghug of RTC Branch 22 voluntarily inhibited himself from the case. Patalinghug said Sesbreño has filed an administrative case against him.

Veloso, however, inhibited from handling the case after the accused sought for her inhibition claiming that the father of Veloso was the executor of the contested lot he claimed to be his.

The case was then raffled to Judge Bienvinido Saniel of RTC Branch 20. However, he inhibited himself citing the accused has also filed an administrative case against him. Prior to that, accused said he wanted that his cases will be raffled to a presiding judge in whom he has trust and confidence.

RTC Branch 22, 6 and 20 are all family courts. Considering the parties involved were minors, the case supposedly falls under the jurisdiction of the family courts.

After Saniel’s inhibition, the case was raffled to RTC Branch 24 Judge James Stewart Ramon Himalaloan. However, he inhibited from the case. Himalaloan served as acting judge after judge Olegario Sarmiento retired from the service.

The case was then raffled to RTC Branch 21, but Judge Eric Menchavez inhibited for lack of jurisdiction. He said he was a drugs court judge and not a family court. He then remanded the case to the Office of the Clerk of Court.

However, before the said case was raffled to Judge Ma. Lynna Adviento of RTC Branch 58, Sesbreño has filed an urgent follow-up motion for resolution of long pending motion for bail before Judge Raphael Yrastorza of RTC Branch 14, being the pairing judge of Patalinghug.

In his order, Yrastorza claimed that he cannot act on it as he was assigned to election cases and that he was also an assisting judge in Mandaue City.

Last Sept. 7, 2011 at around 1 p.m. in Barangay Lawaan III, Talisay City, the accused reportedly sealed the door of a house in a contested lot using pieces of wood, trapping three minors inside the house for more than three hours.

Sesbreño was detained at the Talisay City Jail after his arrest.

Another case that saw multiple inhibitions was the Ruben Ecleo Jr. parricide case. Six judges inhibited over the course of the case, with the seventh judge, Soliver Peras, eventually convicting him. (FREEMAN)