MANILA - The Quezon City Regional Trial Court on Monday dismissed the motion to inhibit filed by government prosecutors against the judge handling the Ampatuan case, saying there is no basis for their allegation of bias in favor of the political clan.
QC RTC Branch 77 Judge Vivencio Baclig, in his order stated that for bias and prejudice to be considered in a motion for inhibition, mere suspicion is not enough.
In its motion, the Department of Justice (DOJ) said Baclig “exhibited bias against the DOJ and strong antagonism against the government.”
The prosecutors said Baclig had prejudiced the case when he failed to observe the procedure laid down in the Rules of Court.
During the February 5 hearing, the prosecutors said that Baclig was supposed to hear the urgent motion of Maguindanao Governor Andal Ampatuan Sr. to defer his transfer to a jail in Metro Manila, but the court decided to hear a motion for the judicial determination of a probable cause. The DOJ prosecutor said it was a violation of the three-day notice rule for court hearings.
Because of the dismissal of the motion to inhibit, trial on the rebellion case filed against several members of the Ampatuan clan will resume on Tuesday morning in Camp Crame. The last hearing held on this case was last February.
The powerful political clan was believed behind the murders of some 57 people in Maguindanao last year.
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