“The judge has committed serious misconduct in disregarding simple evidentiary rules,” lawyer Sigfrid Fortun said in a motion for recusation that seeks to inhibit Judge Jocelyn Solis Reyes from the murder case.
“There is serious or gross misconduct when judicial acts complained of were corrupt or inspired by an intention to violate the law or were in persistent disregard of well-known legal rules,” Fortun added.
Maguindanao vice mayor Ismael Mangudadatu, who lost his wife in the mass slaughter, described the move as a delaying tactic. The vice mayor is a principal witness in the multiple murder case.
Mangudadatu’s legal counsel, Nena Santos, said the judge was in fact “very strict and impartial.”
She said assigning another judge could disadvantage them since he or she would have to rely on the record of past hearings, having failed to see the demeanor of the witnesses that had testified in the case.
She said the prosecution, which had not received a copy of the defence’s latest motion, had been given 10 days to comment on the plea. Santos vowed to oppose the motion to exclude Reyes from the proceedings.
The original judge who was supposed to handle the case, Judge Luisito Cortez, backed out due to security concerns.
P55 million for victim’s families
In a related development, Acting Justice Secretary Alberto Agra reversed his decision to release Zaldy and Akhmad Ampatuan based on new evidence that the two were seen during the planning of the massacre. Agra also reported that P55 million has been raised from government and private sectors to support the families of the 57 massacred victims. The Federation of Philippine Industries contributed P50 million, while P5 million came from the Philippine Charity Sweepstakes Office.