The family of two murdered brothers Friday said former Department of Justice (DoJ) Secretary Agnes Devanadera’s order to file information against a judge on charges of knowingly rendering unjust judgment when she convicted a former congressman to suffer death penalty for murder is without merit.

In a statement, Ricardo Quintos said Devanadera’s order to reverse the earlier dismissal by State Prosecutors of the complaint against Judge Theresa dela Torre Yadao, of Quezon City Regional Trial Court (RTC), for “knowingly rendering unjust judgment” in convicting former Occidental Mindoro Congressman Jose Villarosa on February 3, 2006 for allegedly masterminding the 1997 murders of Paul and Michael Quintos, is without merit.

“No malice or bias can be imputed against Judge Yadao because in reversing the conviction of Jose Villarosa on March 18, 2008, the Court of Appeals itself affirmed the conviction by Judge Yadao of three of the identified gunmen -- Josue Ungsod, Manolito Matricio, and Eduardo Hermoso -- who even executed a confession pointing to Jose Villarosa as the mastermind,” said Quintos in a statement.

“Moreover, the Court of Appeals’ acquittal of Jose Villarosa has been questioned and elevated to the Supreme Court via a petition for Certiorari on the ground of grave abuse of discretion (G.R. No. 184854),” he said.

The Supreme Court, according to Quintos, has given due course to the petition notwithstanding the objections of Jose Villarosa through his lawyer Estelito Mendoza who invoked double jeopardy.

“In short, it is the Court of Appeals’ acquittal of Jose Villarosa (presently barangay captain of Bubog, San Jose Occidental Mindoro) that is now undergoing scrutiny before the Supreme Court for possibly having been rendered in grave abuse of discretion hence, not only possibly unjust but null and void as well,” said Quintos in a statement.

In a nine-page resolution, Devandera directed the QC Prosecutor’s Office to file an information against Judge Yadao, of the QC RTC Branch 81, for violation of Article 204 of the Revised Penal Code (RPC).The case was filed by Villarosa.

Devanadera reversed and set aside the assailed resolutions of State Prosecutor Juan Pedro C. Navera, as Acting City Quezon City prosecutor, dated September 17, 2009 and February 17, 2010, absolving Yadao of the charge.

Petitioner Villarosa was one of the accused in Criminal Cases Nos. Q-98-75633 and Q-98-75634 for murder in the slaying of brothers Michael and Paul Quintos.

The brothers were shot to death in Mamburao, Occidental Mindoro on Dec. 13, 1997.

On February 3, 2006, Yadao found Villarosa and three others guilty and sentenced them to the death penalty.

Villarosa was immediately incarcerated at the National Penitentiary in Muntinlupa City and stayed there for more than two years.

The case was elevated to the Court of Appeals (CA). The Appellate Court on March 18, 2008 acquitted Villarosa and the other three accused for lack of evidence.

Upon his release, Villarosa filed a complaint against Yadao for allegedly knowingly rendering an unjust judgment.