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    SC junks convict’s complaint vs CA
     
    By Joel San Juan
    Reporter
     

    THE Supreme Court (SC) has dismissed for lack of merit the letter-complaint of former congressman Ricardo Quintos accusing two Court of Appeals associate justices of “unwarranted haste and unfair treatment” in disposing the appeal of his political rival Jose Villarosa who had been sentenced to death along with two others for the killings of the Quintos’s two sons—Paul and Michael—in 1997.

    In an eight-page en banc resolution, the Court noted that the Quintos failed to prove his allegations that Associate Justices Edgardo Cruz, of the 13th Division and Associate Justice Noel Tijam, of the 7th Division, treated Quintos unfairly.

    “We reviewed the various resolutions issued by Justice Cruz and found no indication that he acted hastily in disposing of the appealed case,” the SC said.

    The SC noted that based on the records, it took Justice Cruz almost one year to complete the records and to consider the case submitted for decision.

    The Court, on the other hand, said it could not discern “any taint of unwarranted haste and unfair treatment” on his part.

    “His division has not yet rendered a decision. Obviously, he or the members of his division could not have acted hastily as claimed by complainant,” the Court added.

    Quintos sent Chief Justice Reynato Puno the letter-complaint on April 24, accusing the justices of favoring Villarosa in the disposition of his case.

    He said in his letter-complaint that during the pendency of the appeal, he has been receiving reliable reports that Villarosa’s wife Amelita is boasting in Mindoro that he would be acquitted by the Court of Appeals; and that the Court of Appeals “has been bought.”

    Quintos in citing the supposed whitewash also said the solicitor general without filing for a motion for extension to filed appellee’s brief, hastily filed with the CA a manifestation  recommending the acquittal of Villarosa, and other appellants Ruben Balaguer,  Gelito Bautista and Mario Tobias despite sufficient evidence which warrants their  conviction.
    The complainant added that the resolution of the Court of Appeals on April 13, 2007 holding that the Solicitor General’s manifestation can be considered in its decision rendered moot his omnibus motion dated January 26, 2007 to strike out the said manifestation.

    In the same resolution, Quintos, noted that the appeal was considered submitted for decision. However, upon his verification, the appeal was raffled off to the 7th division of the CA prior to that date.

    On June 12, 2007 the Court en banc issued a resolution referring the above letter-complaint to Presiding Justice Ruben Reyes of the CA for action.

    In his comment Cruz explains that the completion stage of the appeal was conducted regularly and in accordance with the interim rules of the CA.

    He denied that there was unwarranted haste and unfair treatment that blemished the proceedings and there was nothing anomalous in the Office of the Solicitor General  making a recommendation for the acquittal of an accused.

    Tijam, on the other hand, received the records of the case for decision on April 18, 2007. Quintos filed a motion seeking the recusation of the members of Justice Tijam’s division from resolving the case.

    Quintos cited the boast of Kabalikat ng Malayang Pilipino Rep. Amelita Villarosa of Occidental Mindoro that her husband will be acquitted by the CA justices.

    “While Justice Tijam denied the motion for inhibition, such action does not constitute ‘unfair treatment’ against the complainant. As explained by Justice Tijam, the complainant failed to prove the allegations in his motion; they are mere innuendos,” the SC said in junking Quintos’s complaint.

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