QC judge asked to inhibit from Dominguez brothers' case

An accused in the killing of car dealer Venson Evangelista has asked the judge handling the car theft with homicide case to inhibit from the proceedings for her alleged bias and partiality. Alfred Mendiola, in a motion filed through his lawyer Willie Rivera, said Judge Ma. Luisa Padilla of the Quezon City Regional Trial Court Branch 215 should inhibit from the case because “her opinion and judgment has already been clouded and swayed by public opinion." It was Mendiola who pinned Raymond and Roger Dominguez — alleged leaders of the Dominguez carnapping group — to the January 13 killing of Evangelista, whose burnt body was found in Nueva Ecija. The Department of Justice (DOJ) made him a state witness following his confession. After the DOJ made Mendiola a state witness, Rivera filed a motion asking Judge Padilla to exclude his client’s name in the information as one of the accused. But according to Rivera, instead of ruling on his motion on April 11, Judge Padilla insisted on the arraignment of his client and ordered the entry of a not guilty plea despite his vehement objection. “The objection of the counsel of accused Mendiola is validly warranted considering that the latter was already issued a Certificate of Admission accepting him as a qualified state witness by the DOJ and the only thing left for the Honorable Court is to discharge the accused and order his exclusion from the information as mandated by RSA 6981," part of the motion read. Rivera further stressed that the judge also even ordered the members of the prosecution panel to prove that Mendiola is qualified to be a state witness. “Clearly, the Honorable Presiding Judge is substituting and replacing the determination done by the DOJ in qualifying accused Mendiola as a state witness thereby subjecting the same to judicial review when not required under RA 6981," said Rivera in his motion. Mendiola's legal counsel also averred that the presiding judge “has already prejudged the guilt of the accused Mendiola and insisted in applying Rule 119, Section 17, when it is clear that said rule is not a-applicable to the case at bar." “Worst, the Honorable judge even ordered the other accused to give their comment/opposition to the motion to discharge when it is no longer necessary because accused had already been admitted into the program by the DOJ," the motion further stated. Rivera added that in “order to dissuade the mind of the public as to the integrity and impartiality of the Presiding Judge, [it is] prayed that she inhibits herself from hearing and trying the said case." — KBK, GMA News