Abalos lawyer quits over 'animosity' with judge

The lawyer of former Elections chair Benjamin Abalos Sr. has quit in the electoral sabotage case being handled by Pasay City Judge Jesus Mupas.

 

Lawyer Brigido Dulay arrived at the decision some four months after Mupas cited him and his client in contempt of court because of their motion asking the judge to inhibit from the case.

 

At the time, Abalos' camp alleged that Mupas' "emissaries" had tried extorting money from the former poll chief. Mupas of the Regional Trial Court Branch 112 also ordered Dulay’s arrest.

 

On January 4, Dulay elevated the matter to the Court of Appeals, which eventually sided with the Abalos camp and said it was not guilty of contempt.

 

"I am withdrawing as counsel for Abalos to spare my client from the possible negative repercussions that may arise due to the animosity which the presiding Judge may have against me as a result of the reversal of his contempt verdict by the Court of Appeals," Mupas said in his motion for withdrawal filed with Mupas on Wednesday.

 

On Thursday, Mupas told Justice reporters that their camp no longer plans to further convince Mupas to inhibit from the case.

 

"Ayaw mag-inhibit ni Judge Mupas, so mas mabuting ako na lang," Dulay said.

 

"[Mupas] denied [the inhibition request] already, so as far as we are concerned, it's done with Judge Mupas. We are going up to the CA already," he added.

 

Dulay said Abalos has already "graciously accepted" his withdrawal from the case.

 

The lawyer said he filed his withdrawal petition just in time for the start of bail proceedings next week.

 

"Para mabigyan ng pagkakataon si chairman na maghanap ng papalit sa akin... Napag-usapan na namin ito within the week, so siguro naghahanap na rin si chairman [ng kapalit ko]," Dulay said.

 

Dulay said Abalos really wanted the bail proceedings to push through so he could avail of temporary freedom if allowed by the court.

 

Dulay, however, clarified that while he would no longer be representing Abalos in the case pending in Mupas' sala, he would still be the former Comelec chief's legal counsel in a separate electoral sabotage case pending before another sala, that of Judge Eugenio de la Cruz of RTC Branch 117. 

 

Abalos is facing electoral sabotage charges for allegedly "masterminding" massive election cheating in Mindanao during the 2007 mid-term elections. He is currently detained at the Southern Police District headquarters in Taguig City. — RSJ, GMA News