MUNTINLUPA City Regional Trial Court Judge Juanita Guerrero, the first judge who issued an arrest warrant against Senator Leila de Lima, has inhibited herself from further hearing the drug case filed against the detained lawmaker.
De Lima sought the inhibition of Guerrero from the case, citing “evident partiality and bad faith” in hastily issuing an arrest warrant that led to her detention without considering “the political undertones” of the case.
“The glaringly clear, single-minded over-eagerness to detain accused De Lima based on an invalid information that is irredeemably and irreparably tainted and made defective by, among others, the rampant and blatant violation of accused De Lima’s rights, is quite evident,” De Lima’s camp lamented.
De Lima stressed Guerrero should have acted on the red flags “indicating serious infirmities and irregularities that attended the preliminary investigation of the case.”
She claimed that her constitutional rights should have been given greater respect by the judge.
In an order signed last Jan. 4, Guerrero insisted that a mere allegation of bias or partiality without proof is not a ground for a judge to inhibit from the case.
“However, in order not to cast doubt on the integrity and impartiality of the Presiding Judge and to disabuse the mind of the accused and her counsel who have expressed serious doubts on her objectivity in resolving this case due to the adverse, orders issued against her, the court, acting on its sound discretion, voluntarily inhibits herself from further hearing this case,” the order read.
Guerrero said records of the case would be forwarded to the Clerk of Court for re-raffle to other branches of the Muntinlupa RTC.
The judge also cancelled the January 24 arraignment of the senator until the case is transferred to another branch.
The judge also denied de Lima’s motion to suspend the court proceedings on her drug case pending the resolution of her pending appeal at the Supreme Court and the Court of Appeals seeking the dismissal of the drug cases against her.
“In the case at bar, as there is no injunction that will stop this court from further hearing this case,” Guerrero said.