Manila court judge refuses to inhibit from Kerwin Espinosa cases

Kerwin Espinosa, a self-confessed drug distributor, takes an oath during a Senate drug hearing on November 23, 2016. / AFP / Noel Celis/

(Eagle News) — A regional trial court judge has refused to inhibit himself from the cases filed against Kerwin Espinosa.

In refusing to recuse himself from the cases for illegal drug trading, possession of dangerous drugs and possession of firearms, Manila Regional Trial Court Branch 26 Presiding Judge Silvino Pampilo Jr. said a “mere imputation of bias and partiality” was “not enough” for him to do this.

It was the prosecution that sought Pampilo’s inhibition, after accusing him of “irregular(ity)” when he allowed witness Jose Antipuesto to take the stand on matters that were “prejudicial to the prosecution.”

“An unbiased and impartial judge should not have made any unilateral decisions that could favor or prejudice any party,” the prosecution had said in its motion.

In his two-page order, Pampilo said a judge’s “inhibition must be for just and valid causes.”

“This court has to be shown acts or conduct clearly indicative of arbitrariness or prejudice before it can brand them with the stigma of bias or partiality,” Pampilo said.

Espinosa, believed to be responsible for the distribution of drugs in Eastern Visayas, was arrested in 2016.

His father was then-Albuera, Leyte Mayor Rolando Espinosa, who was killed in what police said were search operations gone awry while he was detained for drug-related charges.

 

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