Judge inhibits from Garcia case

CEBU, Philippines - Regional Trial Court Judge Sylva Paderanga of Branch 16 has voluntarily inhibited from the civil case filed by Dumanjug Mayor Nelson Garcia against Cebu Governor Hilario Davide III and others.

 In her two-page order, Paderanga said her move is to avoid “presumed bias and prejudice” considering his son, lawyer Gerik Caesare Aguirre-Paderanga, is presently the consultant for legal and legislative matters for Provincial Board Member Celestino Martinez III.

 â€œThus, to avoid presumed bias and prejudice, the undersigned deems it appropriate to recuse herself from trying this case, in order not to impair public confidence in the integrity of the Court, the only institution which is the last bastion of justice and the armor of  democracy,” the order reads.

 Earlier, Garcia filed a civil case for certiorari, prohibition and injunction with prayer for temporary restraining order against Davide and Dumanjug Vice Mayor Efren Guntrano Gica, as well as the Provincial Board and the Capitol over his 60-day preventive suspension. He sought for the reversal of the decision of the PB.

 He alleged that the respondents committed grave abuse of authority imposing the suspension towards him citing there was no legal and factual basis for the imposition of the same.

 Davide placed Garcia under preventive suspension based on the recommendation of the PB for grave abuse of authority.

 Garcia through his legal counsels stated that the evidence of guilt against him is not strong that would warrant the imposition of the suspension.

  He alleged Gica also failed to state in his complaint filed before the PB the element of corruption, clear intent to violate the law, or flagrant disregard of established rule.

 Gica filed an administrative complaint against Garcia before the SP in September 2013 for allegedly usurping the power of the vice mayor when the latter allegedly designated a new Sangguniang Bayan secretary.

 Garcia belongs to One Cebu Party while Gica is under the Liberal Party.

 Paderanga said the case was raffled to her sala on June 2, 2014.

 However, upon scrutiny of records, she said she chooses to inhibit from acting on the case and invokes Section 1, second paragraph of Rule 137 of the Revised Rules of Court.

 â€œA judge may, in the exercise of his sound discretion, disqualify himself from sitting in a case, for just or valid reasons other than those mentioned above.”

 Paderanga then forwarded the records of the case to the office of the executive judge for re-raffle. —  (FREEMAN)