Judge in Bolante’s P2 M libel case vs Ballos inhibits
ROXAS CITY – Regional Trial Court Judge Daniel Antonio Gerardo S. Amular has inhibited himself from the P2 million libel suit filed by former Agriculture Usec. Jocelyn “Jocjoc” Bolante against blocktime broadcaster Abe Ballos.
In a one-page document dated on June 3, 2010 addressed to Chief Justice Renato Corona, Amular of the Regional Trial Court (RTC) Mambusao, Capiz stated that pursuant to Circular No. 10 dated May, 22, 1987 which reiterated Circular No. 14 dated November 15, 1973, the order of inhibition “relative to this case is hereby forwarded to this Honorable Supreme Court for assignment of an Acting Presiding Judge preferably from Roxas City, Capiz to hear and decide the case.”
It said that earlier, Judge Ignacio I. Alajar, inhibited himself from participating in the raffle of the case because Bolante is his second cousin.
In Amular’s order dated June 1, 2010, he stated that “in order not to create any impression or doubts as to the capacity of the Presiding Judge to administer justice fairly and justly, he disqualify himself from setting the said entitled-case.”
Earlier, Atty. Ferdinand Jomilla, counsel of Ballos, filed an Omnibus motion accusing the court of having committed grave abuse of discretion amounting to lack or excess of jurisdiction for admitting the amended information filed by the prosecution.
Jomilla likewise alleged that the admission of the amended information made this Court to contravene and circumvent the stringent provision of Bar Matter No. 850, OCA Circular No. 66-208 and OCA Circular No. 99-08.
The Omnibus motion filed by Jomilla stemmed from the complaint of Ballos addressed to Department of Justice Sec. Alberto Agra accusing serious misconduct committed by a prosecutor through misrepresentation.
In his complaint, Ballos said that the investigating prosecutor issued resolution and filed corresponding criminal information to the court on March 11, 2010 however, on March 16, 2010, the prosecution moved to withdraw the original information and filed on March 22 a new criminal information for the same offense, which information was signed by Assistant Provincial Prosecutor Freddie Ofialda and approved by Assistant Provincial Prosecutor Rodulfo Beluso.
On March 26, 2010, the defense counsel filed manifestation with motion asking dismissal of the case for failure of the prosecutors to indicate therein his M.C.L.E compliance No. which non-compliance and failure to indicate is a ground to dismiss pursuant to Bar Matter No. 850, OCA Circular No. 66-208, OCA Circular No. 99-08, Bar Matter No. 1922 and DOJ Memo No. 3.
Meanwhile, Beluso said in a radio interview that he merely mislooked the details when he signed the documents.
Ballos of Lawa-an, Roxas City, was sued by Bolante for libelous remarks in his blocktime program “Ang Kamatu-oran” aired over Bombo Radyo-Roxas last October 2, 2009.