THE Regional Trial Court judge who was tasked to hear the P4.5-billion suit filed by landslide victims against Apo Land and Quarry Corporation (ALQC) and five others formally backs out from handling the case.
In a two-page order, RTC 76 Assisting Judge Dennis Larrobis decided to voluntarily inhibit as requested by ALQC’s lawyers to clear allegations that he would favor the complainants because of his close ties with lawyer Benjamin Cabrido, the victims' lawyer.
“This inhibition is in order to free this Court of the slightest suspicion of bias and prejudice, and to preserve the parties’ faith in the proceedings of this case of nationwide significance and magnitude. It is the duty of the undersigned not to give the defendants in particular and the public in general any reason to cast any doubt on the integrity of the proceedings and of the decision of this Court relating to this case,” Larrobis said in his order.
Lawyers representing ALQC claimed in their petition that Cabrido and Larrobis are both members of Lex Cervus, a fraternity based at the University of San Jose-Recoletos (USJ-R) School of Law.
They also claimed that Larrobis had private conversations with one of the volunteer lawyers representing the complainants, Atty. Xzajyk Caing, on November 9.
ALQC’s lawyers said Larrobis instructed Caing to get the service of writ and summons, which they claimed showed the judge’s bias and manifest partiality against the defendants.
But even if he inhibited himself from the case, Larrobis denied the allegations made by ALQC’s lawyers.
Larrobis said that based on Supreme Court jurisprudence, organizational affiliation, such as membership in a college fraternity, is not a ground for inhibition.
He also denied the private conversations that allegedly took place between him and Caing inside the courtroom on November 9.
He said that his clerk of court, lawyer Marichu Agura, called him as to Caing’s inquiry on the possibility of having the summons in the case be served by legal representatives of the complainants.
“By any standard, that brief discussion was certainly not a private conversation and to repeat, it happened not inside the courtroom,” Larrobis said.
Cabrido, in response, said there was no problem with Larrobis inhibiting from the case.
He also denied being close to Larrobis despite being fraternity brothers.
“Ang labing tinood wala gyud mi nagkakita sa mga fraternity activities,” Cabrido told reporters yesterday.
Cabrido said that since the complaint will be transferred to the sala of Talisay City RTC Executive Judge Jacinto Fajardo, one of their options is to request for the appointment of a pairing judge to hear the case in the City of Naga in consideration with those affected by the landslide.
Another option that Cabrido and his fellow lawyers are studying is to file a motion to transfer to RTC 28 in Mandaue City, which was appointed by the SC as an environmental court.
But he lamented that rather than tackle the merits of the complaint, ALQC’s lawyers instead attacked his relationship with Larrobis.
With the effectivity of the temporary environmental protection order (TEPO) ending last Monday, Cabrido said they are not worried because there is still a standing order issued by the Department of Environment and Natural Resources (DENR) to suspend their operations. (JKV)