06 December 2005
Murdered lady judge's son hits dismissal of case vs. suspects
TAYUG--The lawyer son of murdered Pasig City Judge Estrellita Paas has deplored the trial court judge’s action dismissing the cases filed against the two persons accused of killing his mother.
In a resolution issued last Nov. 30, Regional Trial Court Judge Ulysses Raciles Butuyan of Branch 51 dismissed the cases for murder and theft filed against accused Jornald Vargas and Elmer Cabilles.
Lawyer Ronald Paas, private prosecutor said the resolution of Butuyan is unfair to the prosecutors and the family because this was issued haphazardly, noting that "it took him (Butuyan) only nine days to throw away the case."
Judge Paas was brutally killed inside their home in Natividad sometime in the afternoon of September this year. At that time, her husband, Renerio, a retired Ombudsman, was attending a school activity.
Vargas and Cabiles were arrested by joint elements of the Natividad Police in Balungao town and Lupao, Nueva Ecija. Vargas is now out on bail for a separate case of illegal possession of firearm while Cabilles is detained at the Bureau of Management and Penology district jail in Urdaneta for another crime of murder.
Admitting he has not yet received the resolution of Judge Butuyan dismissing the cases against the accused, lawyer Paas said he might go up to the Supreme Court and file a case against Butuyan whom he accused of “biasness” and partiality during the preliminary investigation of these cases last Nov. 21 after the judge declined to issue warrants of arrest for the accused.
In that preliminary investigation, Paas filed an oral motion asking Butuyan to inhibit himself from hearing the cases but he only filed a formal motion to that effect on Dec. 2 or two days after Butuyan had already dismissed the same.
Butuyan said he waited in his sala till the afternoon of Nov. 30 for such motion but it never came, thus he had to dismiss the cases on the ground of lack of probable cause against the accused, or else he would be accused of being lazy and slow in his job.
When the motion did come at 9:30 a.m. of December 2, Butuyan issued an order stating that the Court finds no compelling reason to address the issues raised by Paas but nevertheless noted it.
In his resolution dismissing the cases against Vargas and Cabiles, Judge Butuyan stated the
inability of the prosecution to present their witnesses, including the accused themselves, and even the complainant, Reneiro Paas, husband of the victim and father of lawyer Paas.
Paas said although the accused through their counsel did not file a motion to dismiss Butuyan conducted the hearing and dismissed the cases despite being questioned on his partiality and biasness.
He maintained that the police as well as the office of the Provincial Prosecutor conducted a thorough investigation on the matter but that Butuyan ignored their findings.
"He should have deferred from doing anything on the case as there was an earlier motion to inhibit that was orally manifested," Paas fumed (PNA)
In a resolution issued last Nov. 30, Regional Trial Court Judge Ulysses Raciles Butuyan of Branch 51 dismissed the cases for murder and theft filed against accused Jornald Vargas and Elmer Cabilles.
Lawyer Ronald Paas, private prosecutor said the resolution of Butuyan is unfair to the prosecutors and the family because this was issued haphazardly, noting that "it took him (Butuyan) only nine days to throw away the case."
Judge Paas was brutally killed inside their home in Natividad sometime in the afternoon of September this year. At that time, her husband, Renerio, a retired Ombudsman, was attending a school activity.
Vargas and Cabiles were arrested by joint elements of the Natividad Police in Balungao town and Lupao, Nueva Ecija. Vargas is now out on bail for a separate case of illegal possession of firearm while Cabilles is detained at the Bureau of Management and Penology district jail in Urdaneta for another crime of murder.
Admitting he has not yet received the resolution of Judge Butuyan dismissing the cases against the accused, lawyer Paas said he might go up to the Supreme Court and file a case against Butuyan whom he accused of “biasness” and partiality during the preliminary investigation of these cases last Nov. 21 after the judge declined to issue warrants of arrest for the accused.
In that preliminary investigation, Paas filed an oral motion asking Butuyan to inhibit himself from hearing the cases but he only filed a formal motion to that effect on Dec. 2 or two days after Butuyan had already dismissed the same.
Butuyan said he waited in his sala till the afternoon of Nov. 30 for such motion but it never came, thus he had to dismiss the cases on the ground of lack of probable cause against the accused, or else he would be accused of being lazy and slow in his job.
When the motion did come at 9:30 a.m. of December 2, Butuyan issued an order stating that the Court finds no compelling reason to address the issues raised by Paas but nevertheless noted it.
In his resolution dismissing the cases against Vargas and Cabiles, Judge Butuyan stated the
inability of the prosecution to present their witnesses, including the accused themselves, and even the complainant, Reneiro Paas, husband of the victim and father of lawyer Paas.
Paas said although the accused through their counsel did not file a motion to dismiss Butuyan conducted the hearing and dismissed the cases despite being questioned on his partiality and biasness.
He maintained that the police as well as the office of the Provincial Prosecutor conducted a thorough investigation on the matter but that Butuyan ignored their findings.
"He should have deferred from doing anything on the case as there was an earlier motion to inhibit that was orally manifested," Paas fumed (PNA)
