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Former senator Ramon Bong Revilla, Jr. defended Sandiganbayan Associate Justice Ronald Moreno against the Ombudsman’s call for Moreno to inhibit himself from Revilla's malversation trial over a P92.8-million flood control project in Bulacan.
In his opposition to the Ombudsman’s motion calling for Moreno’s voluntary inhibition due to alleged disrespectful questioning of prosecution witnesses during Revilla's bail hearing, Revilla said the pleading should be denied for “lack of factual and legal basis.”
Revilla’s opposition was stated in the Sandiganbayan’s earlier decision junking the prosecution’s motion seeking Moreno's recusal due to lack of merit.
“In his Opposition, accused Revilla prays for the denial of the prosecution's motion for lack of factual and legal basis. Revilla posits that the very portions of the transcript of stenographic notes (TSNs) cited by the prosecution show that the questions and statements uttered by Justice Moreno were 'taken out of context' and [ascribed] to them meanings not supported by the record,” the Resolution read.
“Revilla views these questions and statements as Justice Moreno's 'active efforts to understand the witnesses' testimonies, ascertain the factual bases of their assertions, test the extent of their personal knowledge and their credibility, reconcile apparent inconsistencies in their answers, and clarify the documentary and testimonial evidence presented before the [court]',” the Resolution added.
The Sandiganbayan Third Division, in the same Resolution, also said that Moreno’s actions are part of the court’s duty to test the credibility of every witness presented before it, regardless of whether such witness was discharged as a state witness under the Rules of Court or admitted to the Witness Protection Program.
Likewise, the anti-graft court said Moreno has developed a practice of asking clarificatory questions to witnesses to aid him in forming his opinion, whether in resolving pending incidents or in deciding the main case as a former Ombudsman prosecutor himself.
“This [practice] reflects not only his commitment to ferreting out the truth, but also his independence in evaluating the evidence presented at every stage of the proceedings,” the Sandiganbayan said.
“Accordingly, his act of propounding clarificatory questions should not be taken against him or construed as an indication of a prejudgment of the case,” the Sandiganbayan added.
Moreno is one of the two Sandiganbayan Third Division justices who voted in favor of Revilla's bail petition alongside Associate Justice Fritz delos Santos. — BM, GMA News
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