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Sara Duterte's motion for QC RTC judge to inhibit from grave threats case junked


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Sara Duterte's motion for QC RTC judge to inhibit from grave threats case junked

The Quezon City Regional Trial Court has denied the motion for inhibition or voluntary recusal filed by Vice President Sara Duterte.

In an order dated September 14, QCRTC Branch 98 Presiding Judge Maria Angelica De Ramos said the motion lacks merit.

"All told, absent any clear and convincing evidence of actual bias, prejudgment, or an improper connection that reasonably calls the undersigned's impartiality into question, the undersigned sees no cogent reason for her to inhibit or recuse herself from hearing these cases," the document secured by GMA News read.

In her motion filed on September 10, Duterte accused the court of allegedly assisting the prosecution in the establishment of probable cause after it directed them to submit evidence that was not in their original submission.

Duterte claimed that the omission of the digital evidence would have been a fatal flaw as the prosecution’s allegation of grave threats through the use of live streaming services would have no evidentiary basis.

Aside from this, she said that the judge should recuse herself as she and her son were appointed by the President, who is Duterte’s political opponent.

For its part, the prosecution said that the grounds invoked for the inhibition or recusal arise from the adverse ruling of the court, saying Duterte initially had no objections to the assignment of her case to the court.

The prosecution also argued that the court’s directive to submit the digital evidence does not constitute assistance. It said that the digital evidence it produced was its only copy and did not initially physically submit it to preserve the integrity and availability of the evidence.

The prosecution also rejected Duterte’s allegation of bias on the part of the judge, saying that a judicial appointment does not create a continuing political obligation.

In its ruling, the QC RTC said the allegation that the court is displaying favoritism to the prosecution is unsupported by any evidence.

It clarified that the requested evidence was not submitted despite its mention in the information.

The court also said that the judge appointed by the President does not make her a political representative.

“Upon assumption of judicial office, the judge is bound to decide cases independently, on the basis of the Constitution, the law, and evidence on record,” it said.

In a statement, Duterte's counsel, Atty. Paul Lawrence Lim, said the Vice President will exercise all available remedies after the court denied their motion.

He added they also received the court's order "requiring both parties to strictly comply with the sub judice rule and to refrain from publicly discussing the merits of the case."

"We will continue to comply, consistent with the Vice President’s respect for the rule of law," Lim said.

Duterte is facing three counts of grave threats in connection with remarks she made in an online press conference in 2024.

During the press conference, Duterte said she had already talked to someone to kill President Ferdinand "Bongbong" Marcos Jr., First Lady Liza Araneta-Marcos, and then House Speaker Martin Romualdez if anything happened to her.

The court issued the arrest warrant last Friday, and Duterte posted bail on Saturday.

The Vice President's arraignment was set on Monday, but it was postponed due to a motion filed by her camp. —with Joahna Lei Casilao/AOL, GMA News