Gov. Umali reiterates call for Sandiganbayan justice to inhibit from graft case

Oriental Mindoro Gov. Alfonso Umali Jr. has reiterated his call to Sandiganbayan Fourth Division chairman Associate Justice Jose Hernandez to recuse himself from further handling his graft complaint.

In a manifestation, Umali informed the anti-graft court that he has filed an administrative complaint against Hernandez before the Supreme Court.

“On 13 July 2015, accused filed an administrative complaint against Sandiganbayan Associate Justice Jose R. Hernandez before the Office of the Court Administrator of the Supreme Court,” Hernandez's manifestation read.

“With the filing of said administrative complaint, it becomes more imperative from the Honorable Presiding Justiceto inhibit from further proceeding with the case,” it added.

The Fourth Division had earlier convicted Umali, former Oriental Mindoro Gov. Rodolfo Valencia and former Board Member Romualdo Bawasanta for illegally awarding a P2.5-million loan agreement to a certain engineer, Alfredo Atienza, in 1994.

They were all sentenced to imprisonment of up to 10 years. The three, however, have filed their respective motions for reconsideration that are still pending before the court.

In a motion filed last month, Umali asked Hernandez to recuse himself from deciding on his motion for reconsideration due to the division chairman’s alleged “partiality” and “bias” in favor of the prosecution.

Meanwhile, in his administrative complaint before the SC, Umali accused Hernandez of allegedly extorting from him some P15 million in exchange for his acquittal from a graft case.

Umali, who is also the current treasurer of the ruling Liberal Party (LP), said that not long after he refused to give in to Hernandez’ alleged extortion try, the Fourth Division issued its resolution convicting him and his co-accused for the graft case.

A senior magistrate of Sandiganbayan, meanwhile, has defended Hernandez from the allegation.
 
"I dare him, bigyan niya (Umali) ako ng katibayan na si Justice Hernandez ay corrupt, bubugbugin ko yan sa harap niya,” Sandiganbayan Third Division senior member Associate Justice Samuel Martires said.

Martires pointed out that if it was indeed true that Hernandez attempted to extort millions of pesos from Umali, the latter should have exposed it even before the court decided on his graft case or at the latest, when Umali filed his motion for reconsideration.

“Sana yung inhibition laban sa kanya ay ginawa bago pa dinesisyunan 'yung kaso at sana nung nag-file siya ng motion for reconsideration, sinabi na rin yun,” Martires said.

Umali made no mention of the alleged extortion try by Hernandez both in his motion for reconsideration nor in his motion for inhibition.

GMA News Online tried to get a reaction from Hernandez but the Fourth Division clerk of court Joffre Zapata said the magistrate will not grant any interview, noting that doing so would violate the sub judice rule as the administrative complaint is now pending with the SC while Umali's motion to inhibit is also pending with the division. —KBK, GMA News