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BONIFACIO SANZ
MACEDA, Presiding Judge of Branch 12, Regional Trial Court of Antique,
and AVELINO T. JAVELLANA, respondents.|||
FACTS
Atty Avelino Javellana was imputed with supplying guns and being the plotter of
the gunning of ex-Governor of Antique. He was at large, and when he was
arrested respondent judge ruled in favor of the motion to allow IBP to take
custody of him. Respondent judge also allowed him to go on medical check ups.
On the hearing for bail of Atty Javellana, Senior provincial prosecutor moved that
the hearing be rescheduled but such was denied. On the day of the hearing,
Assistant Provincial Prosecutor was arrested for contempt of court for walking
out.
Detailed Facts
1.In the morning of 11 February 1986, the late ex-Governor of Antique, Evelio Javier,
was gunned down in the plaza of San Jose, Antique
2. Immediately thereafter,a complaint against John Paloy and Vicente Vegafria was
filed with the Office of the Provincial Prosecutor.
3. During the preliminary investigation, private respondent Avelino T. Javellana
appeared as counsel for the accused,
4. Then Federico Carluto, Jr.,Evelyn Magara and Fritz Xavier executed affidavits
implicating private respondent, Avelino Javellana in the killing of the late Evelio
Javier.
5.Private respondent Avelino T. Javellana, together with John Paloy, Vicente Vegafria,
Eduardo Iran alias "Boy Muslim", alias "Muklo", Rudolfo Pacificador Alias "Ding",
Arturo F. Pacificador and several John Does, were charged with the crime of murder,
frustrated murder and for four (4) counts of attempted murder.
6. Of the nineteen (19) accused, only six (6) had been apprehended and/or
surrendered, namely: John Paloy, Vicente Vegafria, Rolando Bernardino, Jesus Garcia
y Amorsolo alias "Nono Picoy", Jose Delumen alias "Winfield" and Romeo Nagales
alias "Reming". All the others were at large, including herein private respondent
Avelino Javellana.
7.On 12 May 1989, private respondent was arrested by the Constabulary Security
Group (CSG) in Paraaque, Metro Manila.
8. Affidavits of Tianzon imputed that Respondent Javellana supplied them with the
guns and was the plotter
9. Respondent Judge promulgated a resolution which concludes Respondent Javellana
did not supply such guns, was not the plotter and that there are not enough evidence to
substantiate such claim.
10.Upon receipt of the resolution, prosecution through Senior State Prosecutor
Aurelio C. Trampe, immediately filed a motion to inhibit the respondent Judge, on the
ground of manifest partiality to private respondent,
A perusal of the transcript of the hearing held on 14 September 1989 shows that
Assistant Provincial Prosecutor John Turalba had not made any statement that could
be considered as "contumacious" or an affront to the dignity of the court. And, while
the act of Assistant Provincial Prosecutor Turalba of "walking out" does not meet our
approval as he should have stayed after the respondent Judge had denied his
motion for permission to leave the courtroom yet, the respondent Judge, in
ordering the incarceration of Assistant Provincial Prosecutor Turalba, acted beyond
the permissible limits of his power to punish for contempt. LexLib