Sandiganbayan denies prosecution bid to inhibit justice in Revilla trial

The Sandiganbayan Third Division on Monday denied prosecutors’ motion seeking the inhibition of Senior Associate Justice Ronald Moreno from the malversation trial of former senator Ramon “Bong” Revilla Jr.

The Third Division’s clerk of court told reporters that the court found the motion to be without merit.

On 25 August, prosecutors from the Office of the Ombudsman filed a 69-page motion detailing what they described as Moreno’s disrespectful demeanor toward their witnesses, particularly former Department of Public Works and Highways (DPWH) district engineer Henry Alcantara.

The Ombudsman said Moreno’s line of questioning toward Alcantara was “alarming,” citing the justice’s questioning of the former engineer’s inclusion in the Department of Justice’s Witness Protection Program (WPP).

“Justice Moreno’s remarks and line of questioning regarding Engr. Alcantara’s admission to the WPP is alarming and potentially demonstrative of the Justice’s lack of ‘cold neutrality of an impartial judge,’” the motion read.

Prosecutors also took exception to the justice’s impression that former DPWH undersecretary Roberto Bernardo was the mastermind of the alleged anomalous flood control kickback scheme.

The motion further stated that justices were expected not only to remain impartial but also to maintain an appearance of impartiality throughout the proceedings.

“The matter of inhibition is not only based on a judge’s personal belief that he or she can remain impartial, but also whether the circumstances would reasonably cause a party or an objective observer to entertain doubts on his or her impartiality,” the Ombudsman said.

“Given all of the above, the prosecution is left with no other recourse but to seek the recusal of Justice Moreno,” it added.

Moreno was one of two justices who voted to grant Revilla provisional liberty in connection with the non-bailable charges, saying prosecutors had failed to meet the required quantum of proof to establish the former senator’s alleged involvement in the crime.

The Ombudsman accused Revilla of receiving kickbacks from a P92.8-million ghost flood control project in Pandi, Bulacan.