Metro Manila, Philippines – The Sandiganbayan Third Division has denied the motion of former Sen. Bong Revilla for an associate justice to recuse from his non-bailable malversation case, in relation to the multibillion-peso flood control scandal.
In the resolution promulgated on Tuesday, Feb. 10, the court said there was no ground for Associate Justice Karl Miranda to inhibit from the case.
Revilla sought Miranda’s recusal over his supposed partiality, citing the justice’s brother, Buenaventura Miranda, who represented former Public Works Undersecretary Roberto Bernardo at the Senate blue ribbon committee hearings.
“A judge’s relationship with the witness, party or the counsel will result in his mandatory inhibition only in the following cases: if the witness is the judge’s former associate; if the party or litigant is related to the judge within the sixth civil degree; or if the counsel is related to the judge within the fourth civil degree. None of these circumstances is present in this case,” the resolution read.
The court called Revilla’s arguments “speculative” as the former senator was unable to show that Miranda was biased and prejudiced against him.
“Under the rules and controlling jurisprudence, inhibition calls for a reasonable, fact-based showing of bias or impropriety, not conjecture,” the Sandiganbayan said.
The anti-graft court earlier reset Revilla’s arraignment for his malversation case for Feb. 16, pending action on his appeal on the Sandiganbayan’s earlier resolution that denied his petitions, including dismissal of the case and jail transfer.
Revilla and a number of DPWH officials are facing graft and malversation charges over an alleged non-existent P92.8 million flood control project in Pandi, Bulacan.
