2 Sandigan justices inhibit themselves from ‘Nani’ case

By SHIANEE MAMANGLU
July 28, 2010, 4:19pm

The direct examination of six prosecution witnesses against former Justice Secretary Hernando “Nani” Perez has been stalled as two anti-graft court magistrates inhibited themselves from the case.

Associate Justice Gregory Ong, chairperson of the Sandiganbayan fourth division ordered a re-raffle on the case of Perez after he voluntarily “recused’’ himself from further hearing the case.

“The undersigned would not risk the possibility that he can no longer render a fair and impartial decision in the case, given the actuations of the accused, which he finds deplorable,’’ Ong said in a resolution he filed last July 13.

“Let the records of accused Perez be forwarded to the docket section in order for the case to be re-raffled to other divisions in accordance with the internal rules of this court,’’ he said.

Ong’s decision to voluntarily inhibit was prompted by Associate Justice Jose Hernandez’s resolution to disqualify himself from also hearing Perez’s case.

Hernandez action stemmed from the motion to inhibit filed by Perez following the January 20 hearing, which he presided that allegedly resulted in disorder inside the court.

Perez claimed that Justice Hernandez “blatantly displayed hostility and prejudice’’ towards him when he allegedly “overly banged’’ the gavel that startled him and “caused his blood pressure to shoot-up.’’

“...the motion is granted to disabuse the mind of accused Hernando Perez of my ability to decide fairly and faithfully serve the cause of justice against whoever may be involved in this case. I voluntarily inhibit myself from further sitting in this case,’’ Hernandez’ July 13 resolution reads.

In his resolution, Ong said that Justice Hernandez was “constrained to bang the gavel harder than the usual’’ during the hearing because the defense counsel and the public prosecutor were beginning to engage in “some unpleasant verbal exchanges.’’