By Benjamin Cuaresma
MANILA, Philippines — Vice President Sara Duterte’s attempt to remove the Quezon City judge handling her grave threats case has failed, with the court rejecting her plea for inhibition and declaring that the allegations of bias, partiality and favoritism had no sufficient basis.
In an order dated September 14, Quezon City Regional Trial Court Branch 98 dismissed Duterte’s Motion for Inhibition or Voluntary Recusal for “utter lack of merit.”
Duterte’s lawyers filed the motion by email on September 10, accusing the court of showing “manifest partiality, bias, and favoritism” in its handling of the prosecution’s evidence.
At the center of the defense challenge was digital evidence that prosecutors initially failed to include in their filing.
Duterte’s camp argued that the omission should have ended the prosecution’s effort to establish probable cause. Instead, the court directed prosecutors to submit the digital evidence, which the defense claimed amounted to judicial assistance to the prosecution.
The defense maintained that probable cause should have been determined exclusively from the original records and that the charges should have been dismissed because the digital evidence was not initially submitted.
Duterte’s lawyers also alleged that the prosecution received undue preference during proceedings on August 17 and that the defense was not given adequate time to respond to the prosecution’s submission.
The court rejected the accusations.
Branch 98 stressed that its actions are covered by judicial independence and the presumption of regularity, and that Duterte’s camp failed to establish circumstances that would warrant the judge’s removal from the case.
The court said there was no clear and convincing evidence of actual bias, prejudgment or an improper connection that could reasonably place its impartiality in doubt.
“All told, absent any clear and convincing evidence of actual bias, prejudgment, or an improper connection that reasonably calls the undersigned’s impartiality into question, the undersigned sees no cogent reason for her to inhibit or recuse herself from hearing these cases,” the court ruled.
The decision leaves the same judge in place as the criminal proceedings against Duterte move forward.
Her lawyer, Paul Lawrence Lim, said the Vice President would pursue every legal remedy available to her.
“The Vice President will exercise all available remedies,” Lim said.
Lim also confirmed that Duterte’s camp had received the court’s order directing both sides to strictly comply with the sub judice rule, which bars public discussion of matters that could affect proceedings before the court.
“We will continue to comply, consistent with the Vice President’s respect for the rule of law,” Lim said.
The grave threats case arose from statements Duterte made during online press conferences in October and December 2024 involving President Ferdinand Marcos Jr., First Lady Liza Marcos and detained former House Speaker Martin Romualdez.
The statements also became part of the allegations contained in Article IV of the impeachment charges against Duterte.
The criminal case reached a critical point on September 4, when Branch 98 issued an arrest warrant for the Vice President.
Duterte posted bail the following day.
With her recusal bid now rejected, the case remains before Branch 98, where the court will continue proceedings under the same judge.
ia/xf
