totoo ba ito? judge jorge emmanuel lorredo of the manila metropolitan trial court who first dismissed mike defensor’s complaint of perjury vs. jun lozada is the very same judge pala who issued the arrest warrant, and who yesterday issued an order setting the arraignment on may 7? well, no wonder he is also ordering mike defensor to drop the charges or else!
ORDER
…. Defensor, on May 7, 2009, when I arraign your enemy, Lozada, you shall have the unique opportunity for cleansing, for healing, for regaining public sympathy. The Court suggests that you do what is right for your sake, for your kids’ sake, for your wife’s sake. I have not talked to Mrs. Defensor, but as an experienced trial judge who deals with human emotions and passions everyday in my courtroom, I am sure that Mrs. Defensor wants peace and good health for you.
Why this case is not to the best interest of the first couple-
Since Defensor is not a trial lawyer, he apparently has not seen the very explosive potential of this case: the first couple (Gloria and Mike Arroyo) may validly and legally be dragged into the proceedings by Lozada’s defense team. All that the defense team has to do is invoke certain provisions of the Rules of Court. As a fair and impartial judge, I shall have no reason not to grant such request.
It is true that evil, cruel and vindictive regimes can use the law to make their enemies suffer, but it is that very same set of laws that can enable the oppressed (to) fight back. Such is the beauty of the law: that is why many have fallen in love with the law and have become lawyers or judges. As a child, I have dreamed of one day becoming a judge, to apply the law not to destroy lives, but to make lives better. Now, I am in that position, with the help of God. I dispense justice everyday with the aid and guidance I always seek from our Lord.
When this case goes to trial, I will of course allow the prosecution every opportunity to prove its case beyond reasonable doubt.
When it is the turn of the defense to present evidence, I will also allow the defense every opportunity to raise reasonable doubt or to destroy each and every element of the felony of perjury.
Andif there is a motion to present president Gloria or first gentleman Mike Arroyo as hostile witnesses in order for accused Lozada to establish, I will not hesitate to issue the corresponding subpoena compelling the first couple to testify as hostile witness for the defense.
If Gloria and Mike refuse to obey the subpoena, I will not hesitate to issue the warrants of arrest against them because it is the constitutional right of Lozada to have the best possible defense. And it is my duty as trial judge to see to it that there is due process in my court.
If the police officers refuse to serve the arrest warrants because Gloria is their boss, then I will be forced to deputize other public officers to serve and implement the arrest warrants.
I need not search hard nor should I wait long, for Manila Mayor Lim and the many senators who wish to take Lozada into their custody may move that they be deputized. Some of these people are lawyers, some of them have extensive police experience, like Mayor Fred Lim and Senator Ping Lacson. They can arrest, handcuff and put behind bars any fugitive.
They are no match against the PSG, the Presidential Security Group? What if Sen. Trillanes and his comrades join the mission to arrest? Get the picture, Mr. Railroadman Defensor?
Defensor, just imagine how powerful a message that would (be) for our people and for the whole world. And just imagine how that would affect the first couple.
I now suggest to Mike Defensor not to think only of himself in his perjury case. The welfare of the first couple is also involved, as discussed above.
I invite everyone who may come across this order to pray for both Defensor and Lozada, so there may be peace between them.
Please pray also for me, so that I may always be a good, humble, God fearing and very wise Judge to those who seek justice in my courtroom; and so that I may be elevated from a Judge to a Justice (even though I do not have any political backers) for that would surely make my late father, Jorge Lorredo, Jr. (who is now with Jesus in heaven watching me with a smile on his face) and my mother, Mary Lorredo, very proud of their only child.
So ordered.
May 4, 2009.
JORGE EMMANUEL M. LORREDO
Presiding Judge
i expected, thought, that lozada would be tried by manila regional trial court judge cicero jurado jr. who reversed lorredo’s dismissal and ruled that lozada be taken into custody. where is judge cicero jurado jr? bakit nawala siya sa picture? what’s going on? alam ba ito ni defensor? inilaglag na ba si defensor? or are we being taken for a ride a la lozada?
Bagay si Mike Defensor sa PNR” ire-railroad lang nya ang kaso ni Lozada!
Hi Angela. I am a bit confused too. hehe.
Simple lang. The crime of perjury is cognizable by the Metropolitan Trial Court, not the Regional Trial Court. There is a cut-off. Crimes punishable by six years or less are tried by the MTC. Anything higher is tried by the RTC.
Decisions of the MTC are reviewable by the RTC (and CA and Supreme Court, of course). So when Lorredo determined that there was no probable cause, that was reviewable by the RTC. The RTC’s only participation is to review decisions of the MTC. The trial would still be done by the MTC.
hey saxnviolins ;) thanks for the info! so the case was really expected to go back to lorredo? to the same judge who had earlier dismissed it? parang ang weird. then the odds are against defensor pa rin. so the question goes back to: what did defensor seek to gain.
hey jenny ;) just read mlq3’s comment to your post. so his reading is this is judge lorredo’s way of getting recused from the case. well why are we surprised? join na lang ang judge sa circus, why not!
well, it’s what the lawyers think is going on. personally i think this judge is verging on te sort of behavior that cost that duende-believing hanging judge his job.
Basta natutuwa ako sa kanya.
hey ellen ;) actually ako rin. me halo nga lang na kaba na hindi matuloy ang arraignment. sana di tayo mabigo.
Hi angela! oo nga. nakakatawa na nakakatakot na ewan. confusing hehehe
If the case goes to trial, and tangentially, it will touch upon the NBN-ZTE deal, then a crafy lawyer can argue that the Senate should stop all consideration of the case, if only out of respect for the court.
If Lozada is judicially declared as having perjured himself, then after the interregnum, when the new powers try to prosecute Defensor, Atutubo et al for kidnapping, the, by then, final court decision can be used in defense; there is no kidnapping, because a court earlier held that Lozada lied. The kidnapping case, therefore, should be dismissed.
hey pipol ;) check out smoke’s “here come de judge” and weep.
“The emergence of Judge Lorredo’s odd order does not signify anything other than one man letting his passions get the better of him. This single undisciplined act totally negates the image of a cold and impartial judge that he apparently thinks he embodies; this single erratic act identifies him as one unfit to hear this case.”
and so the drama unfolds. here’s something i lifted from facebook thru my daughter’s account hehe on the arraignment this morning.
Quotes from today’s hearing on Jun Lozada’s case at the sala of Judge Jorge Emmanuel Lorredo
You’ve read the arraignment order from Judge Lorredo, here’s what happened today. These are actual quotes from today’s hearing. You can check footages from the network or accounts from those who also attended the hearing.
Judge to Sen. Mar Roxas – “Mr.Palengke, tanong ko lang, kung marunong ba kayo magbisikleta ng dalawang gulong, kasi nung huli ko kayong nakita, naka-tatlong gulong kayo”.
Judge to Public Prosecutor – “Your client (Mike Defensor, who is abroad) should be quarantined first for a week. I will not allow him to enter a court room full of people. Ayoko magkasakit tayo ng swine flu…”
Judge to Public Prosecutor – “I am hoping that the Holy Spirit will work on your client’s heart…”
Judge to everyone (on why he cracks jokes) – “Gusto ko sa court room ko, magaan, light lang ang pakiramdam…”
Judge to the lawyer representing Mayor Lim (but who doesn’t represent Lozada) – “Since you’re not representing Mr. Lozada, you cannot enter an appearance. But you can still stay there (in your seat) since mahirap nang lumabas ng room at marami na masaydong tao….”
Judge Lorredo, commenting on Jun’s health – “Sabi sa Bible, the body is the temple of the holy spirit…dapat alagaan mo sarili mo.”
Priest who gives opening prayer – “…and we hope God that one day, Judge Lorredo will be a member of the Court of Appeals…”
Judge before making his decision on Lozada’s custody – “I already have an outline… I just need to put the finishing touches.”
IN THE END, DESPITE ALL THE COMEDY, JUDGE LORREDO GRANTS THE MOTION OF THE SENATE TO PLACE LOZADA UNDER THEIR CUSTODY. His safety as a witness in the Senate probe was given due consideration. The Judge said that if the court can order a suspect’s transfer to a hospital, it can also order the transfer of a suspect to another government facility (Senate).
Round 1 goes to Lozada. Panalo!
Meanwhile, the public prosecutors have manifested that they want Judge Lorredo to inhibit himself. Boooo!.
ano ba to?? another zarzuela or vaudeville show for the sake of entertainment or political horse-trading. No wonder, Asian-Pacific businessmen and exectuvies has voted the Pinoy lawyer (or is it justice system) as the best in Asia. Walang katapusang drama of personalities to titillate power brokers and manipulators at the expense of the ignorant and gullible masa solving nothing signifacant to raise their standard of living or perhaps redress their economic grievances. What a wasteful time and resources of govt funds by the justice Dept. just to satisfy the personal vendetta of erring govt officials.
here’s another take on de judge ;) by cito beltran in philippine star.
The wisdom of judges
CTALK By Cito Beltran Updated May 08, 2009 12:00 AM
When an Honorable Judge from the Metropolitan Trial Court decides to give a former Cabinet Secretary a piece of his mind, it is clear that the once mighty and influential don’t always get their way. Mike Defensor may remain a favored “son” of Malacañang but outside the palace walls, it is clear that people are no longer willing to give room for conduct or legal action that adds burden and complications to our judicial system.
In a way, this latest development may be prophetic in terms of what members and pariahs of the Arroyo administration can expect once they are out of power.
Judge Lorredo may have written his commentary in an “advisory or suggestive tone” but it is evident that the Judge or the Court is not pleased at wasting time over what may qualify as a nuisance suit, or being forced into Judicial and legislative acrobatics just to avoid the embarrassment of sending an “innocent man” to prison even before his trial.
Clearly the case and the complications that followed in the perjury case filed by Defensor greatly inconvenienced the courts, the arresting party, the entire Western Police headquarters, and the defendant as well as his family. Defensor may have merely exercised his assumed rights, but he certainly created quite a nuisance that even had the Senate in a bind.
Beyond Defensor, the opinions expressed by Judge Lorredo can be considered a wake up call for politicians, lawyers and litigants that the Judicial system or the Courts in particular are not tactical instruments for coercion, harassment or revenge.
While the courts may admit cases, it does not always mean that every complainant gets preferential treatment. The opinion of Judge Lorredo mirrors the growing exasperation and annoyance of the Judiciary at being used by others and then being left with the problem, if not the garbage.
The problem of “dumping upon the court” is not an exclusive practice of politicians or members of the Arroyo administration. Many corporate lawyers have also resorted to restraining or tying up opponents, critics, competition or complainants by filing every imaginable lawsuit against them.
In this present administration we have seen far too many whistleblowers and people fighting in righteous indignation ending up in jail, in court and in the poor house because it has become so easy for the rich and powerful to file cases and pile it up in court…
http://www.philstar.com/Article.aspx?articleId=465421&publicationSubCategoryId=64
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