JUDGE Gil Bollozos of the Regional Trial Court (RTC) Branch 21 has inhibited himself from handling the "messy" murder case against a Cagayan de Oro policeman citing paragraph 2, Section 1 of Rule 137, Rules of Court.
Bollozos' decision to inhibit himself from handling the case was made known Friday and came barely a week after the case was raffled off to his courtroom last October 22.
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It also followed a news article dated October 28 in connection with Leonardo Villarico's complaint of being allegedly ignored by the judge when he went to Bollozos' chambers last October 27.
On that day, Villarico was supposed to make an appeal that an arrest warrant be issued as soon as possible against PO2 Arturo Labrador Jr.
Apparently, Bollozos appeared to be busy at that time as he was said to be entertaining a certain Bonel, lawyer of Labrador as told to him by the Clerk of Court.
Bollozos said "it is not a policy of the judge to talk with parties/litigants, which was the only information given by the Clerk of Court when she talked with Villarico who was very insistent to talk with him in his chamber."
"Neither it is true that he cannot be received because the lawyer of the accused was a visitor at that time," he added.
"In view of this newspaper report, even if not true, the judge in the exercise of his sound discretion will inhibit himself from this case, pursuant to paragraph 2, Section 1 of Rule 137, Rules of Court," he said.
With the judge’s inhibition to the case, records of the case will be remanded to the Office of the Clerk of Court for re-raffling.
Last October 27, Bollozos directed the prosecution to present additional evidence for it to determine probable cause to issue a warrant of arrest against Labrador.
But the prosecutors in their answer to Bollozos' order stated not to submit additional evidence citing the suspect is positively identified by the lone witness which is enough proof there is a probable cause.