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Thursday, March 30, 2006
Broadcaster appeals to court to reverse RTC judge’s 3 orders
Broadcaster Cirse “Choy” Torralba seeks the aid of the Court of Appeals (CA) in forcing a Regional Trial Court (RTC) judge to inhibit himself from hearing his case.
Torralba pushed for the petition for certiorari and prohibition after RTC Judge Eric Menchavez denied the second motion for inhibition the radioman filed last March 23.
Menchavez warned that Torralba’s failure to obtain a temporary restraining order (TRO) from the CA will mean the continuation of the prosecution’s presentation of rebuttal witness this Friday will go on.
Rebuttal
Torralba seeks to have the order denying the second motion for inhibition, and two others issued by Menchavez, “dissolved.”
The first order denied the first motion for inhibition while the other order set the continuation of Torralba’s presentation of evidence in court.
Accused
Aside from Menchavez, also named respondent in the CA petition was the accused, John Lloyd Ortiz.
Ortiz is on trial for frustrated murder, after he was identified by Torralba as the man who shot him on June 8, 2004, outside Angel Radio Station, where the broadcaster used to have a radio program.
Torralba raised in the first motion for inhibition what he said is Menchavez’s bias for the accused.
In the second motion for inhibition, Torralba stated that an administrative complaint against the judge before the Supreme Court should be enough for him to inhibit from handling the case.
The administrative complaint was dated March 17.
“Respondent judge treated the complainant as the one standing trial, seeking to destroy his credibility when the defense lawyers miserably failed to do so,” the administrative complaint read.
Inhibition
But Menchavez ruled in favor of the accused, stating that an administrative complaint against a judge is not a ground for inhibition.
Ortiz’s lawyers stated that “the court has to be shown acts or conduct of the judge clearly indicative of arbitrariness or prejudice.” (JGA)
For Bisaya stories from Cebu. Click here. (March 30, 2006 issue)
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