Manila judge recuses self from Atio hazing case

The Manila court judge handling the case against 10 Aegis Juris fraternity members over the death of law student Horacio "Atio" Castillo III has recused himself from the case despite finding no basis in the grounds raised by some of the accused.

In a resolution dated March 23, Manila Regional Trial Court Branch 40 Presiding Judge Alfredo Ampuan ordered the re-raffling of the case, considering, he said, that the accused and their lawyers believe he is acting with bias against them.

"The Presiding Judge indeed sees no reason for him to inhibit from the case," Ampuan's resolution said, citing jurisprudence where the Supreme Court warned against asking judges to inhibit so litigants could find another "who is more friendly and sympathetic to their cause."

"Nevertheless, notwithstanding the foregoing, this Court finds it appropriate to grant motion for inhibition considering that all the above-mentioned accused and/or respective counsel already nurtured at the back of their minds the thought that the Presiding Judge of this Court has now titled the scales of justice against them," it added.

Three of the accused — Jose Miguel Salamat, John Robin Ramos, and Danielle Hans Matthew Rodrigo — wanted Ampuan to recuse himself from the case because he allegedly allowed hearings to proceed in the absence of a public prosecutor, and because he is the brother-in-law of anti-corruption crusader Dante Jimenez.

Jimenez is the founding chair of the advocacy group Volunteers Against Crime and Corruption, which has offered legal assistance to Castillo's parents in their quest for justice for their 22-year-old son. Jimenez even accompanied them during the preliminary investigation of the case.

"After due consideration, the Court finds none of the foregoing to be a sufficient ground for him to inhibit from hearing the case," the resolution said, adding that the allegations of the accused were "without bases."

Ampuan also took exception to the claim that his relation with Jimenez would sway his judgment on the case.

"More often that not Judges have no more time with the immediate members of their respective families, how much more for the advocacy and concern of other people like the brother-in-law of the Presiding Judge," the resolution said.

"It bears stressing that the Presiding Judge cannot be influenced by anybody in rendering fair and impartial judgment without fear or favor not even by his brother-in-law, relatives, friends, and associates," it added.

Defending his supposed impartiality, Ampuan raised that the "mere imputation of bias" is insufficient a ground for inhibition.

"Extrinsic evidence must be presented to establish bias, bad faith, malice or corrupt purpose, in addition to palpable order which may be inferred from the decision or order," the resolution stated.

But before he inhibited from the case, Ampuan last Thursday ordered the arrest of the 10 Aegis Juris members charged over Castillo's death. On Friday morning, all 10 voluntarily surrendered to the National Bureau of Investigation (NBI).

Their parents on Monday asked bureau director Dante Gierran to hold the young men in the NBI, apparently fearing for their children's safety should they be transferred to the custody of the Manila Police District. —KBK, GMA News