• 3rd CA justice inhibits from Mayor Binay’s case

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    A third justice of the Court of Appeals (CA) has inhibited himself from handling the suspension case of Makati City Mayor Jejomar Erwin “Junjun” Binay Jr.

    Associate Justice Ramon Paul Hernando begged off from the case since his wife, Cherry Hernando, is connected with the Office of the Ombudsman as graft investigation officer.
    He was replaced by Associate Justice Rodil Zalameda.

    The realignment would place Associate Justice Amy Lazaro-Javier as the chairman of the Special Ninth Division with Associate Justice Melchor Sadang as the other member.

    Javier, however, took a leave of absence from Monday until August 3.

    Associate Justice Nina Antonio Valenzuela will substitute for Javier as member of the special division in an acting capacity while Sadang will temporarily head the division.

    Binay had petitioned the CA to stop the Office of the Ombudsman from implementing its order to preventively suspend him from office in connection with his alleged participation in the allegedly anomalous construction of the Makati Science High School Building.

    Hernando said he has consistently inhibited himself from all cases where the Office of the Ombudsman is involved.

    “The undersigned has consistently recused himself from participating in cases involving the Office of the Ombudsman, the reason being his wife’s professional employment as Graft Investigation and Prosecution Officer in said office,” he added.

    “This event compels me to inhibit once more, this time in the subject case in order to maintain fair and objective proceedings in said case,” Hernando said.

    He was supposed to head the Ninth Division after Associate Justice Priscilla Baltazar-Padilla recused herself.

    Associate Justice Celia Librea-Leagogo earlier inhibited from the case because her husband is a relative of Interior Secretary Manuel Roxas 2nd, who is also among the respondents in Binay’s petition.

    The Department of the Interior and Local Government was designated by Ombudsman Conchita Carpio-Morales to implement the suspension order against the Makati mayor.

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    6 Comments

    1. Hernando said he has consistently inhibited himself from all cases where the Office of the Ombudsman is involved.

      “The undersigned has consistently recused himself from participating in cases involving the Office of the Ombudsman, the reason being his wife’s professional employment as Graft Investigation and Prosecution Officer in said office,” he added.

      “This event compels me to inhibit once more, this time in the subject case in order to maintain fair and objective proceedings in said case,” Hernando said.

      Mr.Hernando must resign because he cannot perform his duties and functions as an impartial judge. Why waste taxpayers money paying the salary of a justice like him who cannot deliver what he promised when he took his oath of office. When Mr.. Hernando was interviewed by the judicial and bar council he should have told them that he cannot perform the duties of a judge because he is the husband of a lawyer or an employee connected in the office of the Ombudsman. You should have “recused” or politely declined the offer when you were nominated as appellate justice due to possible conflict of interest or inability to exercise impartiality in hearing cases brought before you. What then is your purpose of occupying that position when there are other lawyers and judges of good standing with sterling qualifications and high probity who can take your place? Out of decency you must resign Mr. Justice Hernando and go back to private practice. This is a clear example of poor governance and gross incompetence of the judicial system in our country. I have high respect for the justice for his honesty and high competence but as a citizen and taxpayer I am very disappointed for such lame excuse.

    2. Just proves that Mar Roxas has a hand on harassing Binay for the main purpose of the 2016 election.

    3. angel paredes on

      a follow up to previous comment; no wonder the court of appeal has numerous jaw dropping decisions.

    4. angel paredes on

      personally and i believe many will agree, judges who inhibit themselves from doing their work in a high profile case like this and the image of the judiciary system is at stake, has low moral, professional values and are mostly prone to corruption.

    5. angel paredes on

      judges inhibiting themselves to do their jobs are all bull shits! walang mga bayag!
      so what kung kamag-anak, kumpare ang mga respondents. nakalimutan na ba ninyo ang inyong mga sinumpaan oath of office at bilang abogado!