De Lima moves to have judge inhibited from case
The camp of detained Senator Leila de Lima has sought for the inhibition of Muntinlupa Regional Trial Court (MTC) Branch 204 Judge Juanita Guerrero due to the magistrate’s perceived obvious partiality and questionable independence in hearing the illegal drug trading charge filed against her.
De Lima, in her 23-page Motion for Inhibition and to Defer Arraignment she filed last Thursday, likewise asked the High Tribunal to defer her arraignment pending the resolution of the Motion for Reconsideration (MR) she filed with the Supreme Court (SC).
“It is incumbent upon this court to hold in abeyance the scheduled arraignment. Otherwise, such an act would be tantamount to this court pre-empting the Supreme Court and arrogating unto herself the authority to have a final say on the jurisprudential effect of the Supreme Court’s Decision,” De Lima’s motion read.
De Lima’s camp said Guerrero has “displayed an unseemly and undue haste” in ensuring her detention and depriving her of liberty and thus, should be stopped from conducting further proceedings on her cases for supposedly violating her constitutional rights repeatedly.
Recalling the events that transpired last year, De Lima pointed out Guerrero’s illegal issuance of an arrest warrant against her, the judge’s inaction on her Motion to Quash (MTQ), and the latter’s scheduling of the senator’s arraignment prior to deciding on the pending MTQ and MR filed before the SC.
“The glaringly clear, single-minded overeagerness to detain accused De Lima based on an invalid Information that is irredeemably and irreparably tainted and made defective by, among others, the rampant and blatant violation of accused De Lima’s rights, is quite evident,” De Lima’s camp stated.