Cabotaje-Tang: No inhibition in Noynoy Aquino graft, usurpation case

Sandiganbayan Presiding Justice Amparo Cabotaje-Tang on Friday said being an appointee of former President Benigno Aquino III is not sufficient reason for her to inhibit from his case in connection with the ill-fated encounter in Mamasapano, Maguindanao that killed 44 police commandos in 2015.

"No (I will not inhibit). The court will never shirk from its responsibility to dispense justice. There are legal grounds for inhibition and having been appointed by the accused before is not one of the legal grounds for inhibition," Tang said in an interview with reporters.

The graft and usurpation of official function case of Aquino was raffled on Friday morning to the anti-graft court's Third Division chaired by Tang. 

Asked if handling the cases will be harder for her being an Aquino appointee, Tang replied it will never influence her decisions in the case.

"We will just apply the rules as we have done in the past irrespective of the personalities involved in the cases. The fact (of being an Aquino appointee) will never influence whatever action we will take in the case. We will act objectively based on what is before the court," she said.

Tang is joined by another Aquino appointee in the Third Division—Sixth Division chairperson Associate Justice Sarah Jane Fernandez—and Associate Justice Bernelito Fernandez, who is an appointee of President Rodrigo Duterte.

Tang, who was appointed by Aquino in 2012 and became presiding justice in October 2013, said all Sandiganbayan magistrates are duty-bound to dispense justice regardless of who appointed them.

"Lahat dito naging appointee ng different presidents. More than just our gratefulness to those who appointed us, we have a sworn duty and that should be the foremost consideration—to render justice as justice should be dispensed without fear or favor," Tang said.

Meanwhile, Tang said the Sandiganbayan will study if Aquino's case can be consolidated with that of former Philippine National Police chief Alan Purisima and former Special Action Force Director Getulio Napeñas.

The cases of Purisima and Napenas are currently at the Fourth Division.

"We will study whether there is a need to consolidate in light of the fact that there were previous cases already filed against General Napeñas and General Purisima, and that if these cases filed against the former President actually arose from the same facts and circumstances," Tang said.

The Third Division has previously handled high-profile cases. It currently handles the PDAF scam case of former Senator Juan Ponce Enrile, the graft and malversation raps of former Autonomous Region in Muslim Mindanao Governor Nur Misuri, and the case of father-and-son former Vice President Jejomar Binay and former Makati Mayor Junjun Binay over the alleged overpriced Makati City Hall parking building. —KG, GMA News