30 November 2005
Paas lawyer bristles at judge’s moves
TAYUG – A hot verbal tussle ensued during the preliminary investigation into the September killing of Pasig City Judge Estrellita Paas between the late judge’s lawyer-kin representing the complainants and the judge of the Regional Trial Court Branch 51 here who was hearing the case.
Judge Paas was brutally killed inside their home in Poblacion, Natividad while her husband, Reinerio Paas, a retired Ombudsman, was away. Her bizarre murder was regarded as one of the high profile crimes in the province.
Lawyer Arnold Paas, son of the murdered judge, representing his family, accused RTC Judge Ulysses Raciles Butuyan of bias and prejudice when the latter refused to issue warrants of arrests for the suspects Elmer Cabiles and Donald Vargas.
Both suspects were arrested separately by the police and agents of the Criminal Investigation and Detection Group days after the brutal slaying of the lady judge.
The Natividad police said complaints for robbery with homicide have been filed against both suspects but up to now, no warrants of arrest have been issued against them. The police learned that the Paas family is seeking to upgrade the case to murder.
During the preliminary investigation at 9 a.m. last Monday at Butuyan’s sala, both suspects were not around as Cabiles was detained for another crime of murder at the Bureau of Jail Management and Penology in Urdaneta City while Vargas is out on bail for illegal possession of firearms before the municipal trial court in Balungao.
Butuyan said he cannot issue the warrant of arrest against the suspects because the Court has yet to satisfy itself whether there is probable cause for the issuance of such. He cited the fact that in any case, there is always a presumption of innocence.
He stressed that he is not going to issue any warrant of arrest unless he first interviews the suspects and satisfies himself whether they are telling the truth or not.
Butuyan asked the counsel if he is going to present his witnesses but the latter answered he was not because he felt that the judge has already prejudged the case.
Paas said he will move that Butuyan inhibit himself from hearing the case, saying he felt the judge was “biased and prejudiced”.
“ I am not going to present my witness, Aida Cabiles (wife of Elmer). I will present her only if the case is re-raffled and transferred to another sala,” he told the judge.
When Butuyan asked Paas if he had tried looking for the suspects, Paas was irked and warned: “This will reach the attention of the Court Administrator of the Supreme Court”.
Butuyan retorted: “That is your privilege Atty. Paas. Right then and there, I will approve your motion that I will inhibit myself from hearing the case.” (PNA)
Judge Paas was brutally killed inside their home in Poblacion, Natividad while her husband, Reinerio Paas, a retired Ombudsman, was away. Her bizarre murder was regarded as one of the high profile crimes in the province.
Lawyer Arnold Paas, son of the murdered judge, representing his family, accused RTC Judge Ulysses Raciles Butuyan of bias and prejudice when the latter refused to issue warrants of arrests for the suspects Elmer Cabiles and Donald Vargas.
Both suspects were arrested separately by the police and agents of the Criminal Investigation and Detection Group days after the brutal slaying of the lady judge.
The Natividad police said complaints for robbery with homicide have been filed against both suspects but up to now, no warrants of arrest have been issued against them. The police learned that the Paas family is seeking to upgrade the case to murder.
During the preliminary investigation at 9 a.m. last Monday at Butuyan’s sala, both suspects were not around as Cabiles was detained for another crime of murder at the Bureau of Jail Management and Penology in Urdaneta City while Vargas is out on bail for illegal possession of firearms before the municipal trial court in Balungao.
Butuyan said he cannot issue the warrant of arrest against the suspects because the Court has yet to satisfy itself whether there is probable cause for the issuance of such. He cited the fact that in any case, there is always a presumption of innocence.
He stressed that he is not going to issue any warrant of arrest unless he first interviews the suspects and satisfies himself whether they are telling the truth or not.
Butuyan asked the counsel if he is going to present his witnesses but the latter answered he was not because he felt that the judge has already prejudged the case.
Paas said he will move that Butuyan inhibit himself from hearing the case, saying he felt the judge was “biased and prejudiced”.
“ I am not going to present my witness, Aida Cabiles (wife of Elmer). I will present her only if the case is re-raffled and transferred to another sala,” he told the judge.
When Butuyan asked Paas if he had tried looking for the suspects, Paas was irked and warned: “This will reach the attention of the Court Administrator of the Supreme Court”.
Butuyan retorted: “That is your privilege Atty. Paas. Right then and there, I will approve your motion that I will inhibit myself from hearing the case.” (PNA)
