Department of Justice (DoJ) Secretary Agnes Devanadera on Wednesday urged the Quezon City judge who was chosen to try the multiple murder charges against Datu Unsay mayor Andal Ampatuan Jr. to reconsider his decision to inhibit himself from the case.

Devanadera said that though risks to one's life attend careers in law, judges and prosecutors should not turn away from their duties to serve justice.

Quezon City regional trial court judge Luisito Cortez won the raffle to try the murder charges filed against Ampatuan for the massacre of 57 people in Maguindanao last November, but he had inhibited himself from the case.

Cortez cited security reasons for inhibiting himself from handling the multiple murder trial against Ampatuan.

This developed as Isabela Rep. Giorgidi Aggabao asked Cortez to resign following his reported refusal to peside over the multiple murder case filed by government against Ampatuan and his alleged cohorts.

Aggabao, chairman of the House Committee on Revision of Laws, said that since the ground cited by Cortez in inhibiting himself is not acceptable in the judiciary, the magistrate should give up his post.

“Threats are part of the hazards that judges and prosecutors face daily. If Judge Cortez has no cojones to face that hazard, perhaps he should quit,” Aggabao said. A bar examination topnotcher, Aggabao has no other alternative but to resign than recuse himself from deciding the case.

A Waray partylist Rep. Florencio “Bem” Noel supported the challenge for Cortez to give up his post.

Noel said the Supreme Court should discipline Cortez if he will ignore calls for him to resign.

“As member of the judiciary, Judge Cortez is expected to do his job without fear or favor,” Noel said.

Senator Miriam Defensor Santiago said that Cortez can file a request for additional security forces from the police or the military for himself and his family if he feared for his life in handling the case.

“If he wishes, he can make a written request to the Chief Justice or at least to the administrator of the courts and request for that type of military protection. But these judges should make these measures before a case comes up before them,” Santiago said, when asked on the same issue.

A former trial judge herself, Santiago said Cortez’s action “sets a chilling effect for all other regional trial court judges.”

“They’ll all inhibit themselves. That’s what will happen. It will have a domino effect,” she said.

Santiago recalled having hesitated handling a case filed against former president Ferdinand Marcos at the height of the latter’s martial law rule for issuing arrest warrants for students of the Ateneo De Manila University and University of the Philippines and she was still a young Quezon City trial court judge.

Senator Richard Gordon said that it is not right for the QC judge to complain “since it is part of his job.” (With reports from Ben Rosario)