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Thursday, November 27, 2003
State prosecutors accuse Yadao of 'bias'
By Benjamin B. Pulta
GOVERNMENT lawyers have claimed that Quezon City Regional Trial Court (RTC) Judge Theresa Yadao crossed the line in throwing out the multiple murder cases against 34 incumbent and retired police officials, including opposition Sen. Panfilo M. Lacson, in relation to the killing of 11 suspected Kuratong Baleleng (KB) gang members.
In a strongly worded 70-page motion for reconsideration, government lawyers said Yadao violated the clear rules on determination of probable cause.
"In utter disregard of the rule of law and laboring under a gross misapprehension of facts and law amounting to gross ignorance, Yadao perfunctorily dismissed the eleven cases of Murder against all the accused," the prosecutors said as they insisted that "the dismissal simply confirmed her partiality towards the accused."
"Judge Yadao usurped the functions of the public prosecutors and conducted her own preliminary investigation," the prosecutors added.
Under court rules, a magistrate, within ten days from the filing of the complaint, shall personally evaluate the resolution of the prosecutor and its supporting evidence.
"In case of doubt on the existence of probable cause, the judge may order the prosecutor to present additional evidence within five days from notice and the issue must be resolved by the court within 30 days from the filing of the complaint or information.." the prosecutors said, invoking the same rules.
State Prosecutor Peter L. Ong, Richard Anthony Fadullon, Olivia V. Non and Assistant City Prosecutors Rolando T. Vergara and Lorna C. Chua Cheng signed the petition.
The government lawyers said even at the initial stage of the issuance by the RTC of arrest warrants against the accused, they are still "ready and willing to present its evidence in support of its argument that probable cause existed in the 11 criminal cases for murder against the accused based on the documents submitted in court."
(November 27, 2003 issue)
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