MANILA (UPDATE)— A Muntinlupa judge who is handling the remaining drug case of detained former Senator Leila de Lima has inhibited himself from the case.

In a 7-page order dated June 15, Thursday, Judge Romeo Buenaventura granted the motions for inhibition filed by De Lima’s co-accused Ronnie Dayan, Joenel Sanchez and Franklin Bucayu.

“[T]he undersigned Presiding Judge will exercise his discretion and will recuse himself from further hearing this case not because the allegations are true, but because it is his avowed duty as member of the Bench to promote confidence in the judicial system,” he said.

Muntinlupa Judge Romeo Buenaventura inhibits from ex-Sen. Leila de Lima's drug case.

Muntinlupa Judge Romeo Buenaventura inhibits from ex-Sen. Leila de Lima's drug case.

Dayan, Sanchez and Bucayu had asked for Buenaventura's inhibition after learning that his brother, Atty. Emmanuel Buenaventura, assisted Dayan in executing an affidavit back in 2016, which Dayan later recanted.

They cited conflict of interest because Atty. Buenaventura worked for the late Rep. Reynaldo Umali, chair of the House Committee on Justice, which investigated De Lima's links to Bilibid drug trade.

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In his order, Judge Buenaventura said his ties with his brother was not sufficient to prove that he "acted with malice, bad faith, and partiality" in conducting hearings and in denying the bail petition of De Lima and the other accused.

He defended his bail ruling against Bucayu's claim that it was one-sided.

“[T]he Court exhaustively discussed the legal parameters on how to resolve the petitions and motions for bail and even emphasized that in finding that the evidence of guilt is strong, the Court does not in any way prejudge what the final outcome of the case will be as the strong evidence of guilt does not equate to a finding of proof of guilt beyond reasonable doubt,” he explained.

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He said the rule disqualifying a judge from handling a case only applies when the relative is either a counsel or party to the case. In this case, he said his brother assisted Dayan in executing an affidavit for a different proceeding — a congressional hearing back in 2016, while he only handled De Lima's drug case in 2020.

The judge also denied he had personal knowledge that his brother formerly assisted Dayan in executing an affidavit, which Dayan later recanted. He said he was not also aware of the recantation.

He added that neither did he see his brother's TV interview where Atty. Buenaventura admitted assisting Dayan nor was he aware of his brother's other professional and official undertakings.

Judge Buenaventura also said he did not know of his brother's previous employment as legal adviser of the late Umali.

“Simply put, the suspicion of the accused-movants, while unfounded if not contrived, cannot be ignored since it already tarnished the integrity and impartiality of the Court as well as the needed trust and confidence in all subsequent proceedings in the instant case,” he explained.

Judge Buenaventura's inhibition means the drug case will be raffled to the new judge, who will decide on De Lima's motion for reconsideration.

De Lima’s lawyers, on Friday morning, filed her own motion for inhibition against Judge Buenaventura, citing not only his relationship with his brother but also questioning the judge’s partiality in his recent bail ruling.

The former lawmaker claimed the judge relied purely on the testimonies of convicted witnesses, disregarded material inconsistencies in their cross-examinations, and excluded evidence that would have exculpated her.

She also questioned the denial of the humanitarian grounds she raised in her bail petition, including her near-death experience in Camp Crame after she was taken hostage.

For De Lima, these factors “cast doubts as to his impartiality, fairness, moral courage, and integrity.”

“Considering the totality of circumstances, Accused De Lima no longer has trust on the Presiding Judge’s ability to preside this case with neither fear nor favor,” he said.

Several judges have recused themselves from handling De Lima’s other drug cases as well, in the course of her more than 6 years under detention.

DE LIMA'S LAWYERS HOPE VINDICATION WILL COME 'VERY VERY SOON'

In a statement, Boni Tacardon, De Lima's lawyer, said Judge Buenaventura's inhibition and the case's transfer to another judge would delay the case a bit, but the former senator is steadfast that truth and justice will prevail and her vindication will come "very very soon."

Her defense team also welcomed the judge's inhibition as this was "the right to do."

They, however, hoped the case will be raffled to a new presiding judge at the soonest time and that the Supreme Court would intervene so the case could be finished within 9 months.

"If possible, we are hoping that the SC can take a more pro-active role and immediately designate a judge to continue handling this case," said her defense team in a separate statement.

"Muli po nating igigiit sa bagong huwes na hahawak sa natitirang kaso ni Sen. De Lima, ang aming Motion for Reconsideration na humihiling na tingnan muli ang mga ebidensiya at mabigyan muna ng pansamantala at agarang paglaya si Sen. De Lima," they said.

"Nadedelay man po, nananalig at naniniwala po si Sen. De Lima na makakamit niya ang katarungan dahil noon pa man, nasa panig na niya ang katotohanan."

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