(Eagle News) – Former senator Ferdinand “Bongbong” Marcos Jr asked Supreme Court justice Alfredo Caguioa to immediately inhibit himself from his electoral protest case citing his “undeniably close ties” with former President Benigno “Noynoy” Aquino Jr., and Vice-President Leni Robredo whose victory he is contesting.
In a 13-page extremely urgent motion to inhibit, Marcos said he “recently discovered” that Caguioa’s wife, Pier Angela Caguioa, was “not only an anti-Marcos advocate but was also an ardent supporter of Robredo.”
Marcos said Mrs. Caguioa even actively campaigned for her during the May 2016 elections.
Given the position of Justice Caguioa as the ponente in the Marcos electoral protest case, or the one overseeing the progress and ultimate disposition of the electoral protest case, Marcos said the SC justice should “immediately recuse” himself from the case.
“Accordingly, it is most respectfully prayed by the undersigned protestant that Associate Justice Caguioa immediately RECUSE and INHIBIT himself from participating in any of the proceedings in connection with the above-entitled election protest,” Marcos stated.
The former senator said he was aware that Caguioa has a fraternal bond with former President Aquino because they were classmates from grade school, high school and college at the Ateneo De Manila University.
He said this led to Caguioa’s appointment to various top posts during Aquino’s presidency.
But Marcos said he still “tried to give Caguioa the benefit of the doubt.”
“Despite the inordinate delays in his election protest, he tried to remain above the fray out of respect to the Presidential Electoral Tribunal,” the Marcos camp said in a statement.
But just recently, Marcos said he saw the online messages of Caguioa’s wife in her Viber group “AHS77/COLL81 COR” — which “clearly depicted her resentment against him and his family,” a release from the Marcos camp said.
Marcos also cited what Caguioa’swife wrote in one of her Viber messages which read: ““(i)f BBM wins and if he wins because of the youth, it’ll be [the] failure of our generation. We were the main catalysts of Edsa 1 and yet we failed to impart its lessons upon the generation that followed us.”
“Mrs. Caguioa’s resentment towards protestant Marcos and his family is as clear as night and day,” Marcos said in his urgent motion.
The former senator said that that the series of Viber messages were also posted in the Facebook page of former Baguio City Councilor Tonyboy Tabora on July 13, 2018 at 8:27 a.m.
He said the video which Tabora posted — entitled “The Conjugal Conspiracy” immediately went viral and garnered 8,800 shares and 312,000 views as of August 4, 2018.
Marcos said that it was after reading the Viber messages of Caguioa’s wife that he decided to file the urgent motion seeking the inhibition of the SC justice.
“Given the evident bias, manifest partiality and blatant prejudice show by Associate Justice Caguioa and Mrs. Caguioa in favor of Noynoy Aquino and protestee Robredo, the undersigned protestant is left with no other recourse but to file the Instant Motion for Inhibition pursuant to the mandate of Canons 3 and 4 of the New Code of Judicial Conduct for the Philippine Judiciary,” Marcos said in his motion.
He pointed out that from day one, “Caguioa should have recused himself from participating in his election protest out of delicadeza because he had deep rooted ties with his former boss’ arch nemesis.”
“Regrettably, however, it would appear that Associate Justice Caguioa had other plans because he even took on the responsibility of being the ponente in the said election protest,” he said in a statement.
“In light of the clear and convincing evidence of bias” of SC Justice Caguioa and his wife, his continued participation in the electoral protest case filed against Robredo as the ponente is a “gross violation of the undersigned protestant’s Constitutional right to due process of law,” Marcos said in his urgent motion.
“Given the fact that the Supreme Court is a collegial body, it would be unfair and unjust for the other members of this esteemed Tribunal to be tainted by the impropriety of Associate Justice Caguioa. Consequently, it is imperative that he inhibit himself from participating in the proceedings and deliberations relative to this election protest,” he added.
(with a report from Moira Encina, Eagle News Service)