Revilla seeks Sandiganbayan justice's exclusion in malversation case

Former Senator Ramon “Bong” Revilla Jr. on Monday asked Sandiganbayan Associate Justice Karl Miranda to inhibit himself from the malversation case proceedings filed against him and six others over the alleged P92.8-million ghost flood control project in Pandi, Bulacan.

Revilla’s camp filed an urgent motion before the Sandiganbayan Third Division, chaired by Miranda, citing that the justice is the brother of lawyer Buenaventura Miranda, counsel for former Department of Public Works and Highways Secretary Roberto Bernardo during the Senate flood control inquiry.

Bernardo has since been named a state witness, and Revilla’s camp said he could serve as a potential witness against the former senator.

During Monday’s proceedings, Miranda addressed Revilla's motion, noting that he had disclosed his ties with his brother from the outset and that the Third Division did not specifically request the Revilla case.

“Following Sandiganbayan’s internal rules, the case was raffled among the seven divisions and it landed in our division. We did not ask that the case be given to us,” Miranda said.

He added that there is no basis for mandatory inhibition and emphasized his commitment to fulfilling his duties.

“That is clear. Fair is fair. Huwag iti-twist. Under applicable rules, there is no ground for my mandatory inhibition. And that is the reason why I am sitting here. Because this is my duty,” Miranda said.

He also stressed that personal ties have never influenced his judgment.

“I remain guided by the Sandiganbayan’s core values of honor, integrity, and accountability. There is, however, a fourth, harder test: doing what is right despite all odds. And this is exactly what I intend to do,” Miranda said.

He added that the motion for inhibition will be carefully studied and resolved as soon as possible to determine whether he should voluntarily inhibit.

Ahead of Revilla’s motion, Miranda disclosed that he is friends with one of Revilla’s 11 legal counsels, Ramon Esguerra.

Lawyer Francesca Señga, Revilla’s spokesperson, said the motion has merit because the impartiality of justices is required both in fact and in appearance.

“Kung maaalala niyo, doon nag-testigo [sa Senado] si Usec Bernardo laban kay Senator Revilla. Nakalagay sa rules na hindi ka lang dapat impartial. Dapat meron [ka ring] appearance of impartiality,” she said.
(If recalled, Usec. Bernardo testified [in the Senate] against Senator Revilla. The rules state that you should not only be impartial but also give the appearance of impartiality.)

“Anong sabihin nun? Dapat may impression ka rin sa mga tao na wala kang kinikilingan.
(What does that mean? You should also give people the impression that you are not taking sides),” Señga added.

The prosecution panel said it would oppose Revilla’s motion, calling it a delaying tactic.

Señga, however, disputed this, saying Revilla is simply exercising his rights as an accused.

“Wala po [ganun na delaying tactics]. Sinusundan po namin ang tamang proseso at ginagamit lang po namin ang lahat ng maaaring magamit na proseso nang naaayon sa kanyang karapatan,” she said.—MCG, GMA Integrated News