Judge in Lozada’s case asks Manny Pacquiao 2 attend hearing 2 convince parties 2 settle

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      The judge presiding over Jun Lozada’s case (for perjury) said in his exclusive interview with ABS-CBN: “Kaya’t nananawagan ako kay Manny Pacquiao (“I am calling on Manny Pacquiao), …

“….na mag-attend sa hearing sa May 28 (“to attend the hearing on May 28)…

“….di ba kasi na-appoint syang ambassador for peace… (“because he was appointed ambassador for peace…)

“….para mapagkasundo nya si Mike Defensor at Jun Lozada (“so he can convince Mike Defensor and Jun Lozada to settle this case.”).

This was last night or yesterday afternoon, shown last night.

(i finally took the time to review the news items on this case: as i understand it now, this perjury case was previously dismissed, then the dismissal was reversed by a Regional Trial Court judge so it was sent back to the MTC judge (Metropolitan Trial Court judge) to be heard. If the case is dismissed again, it might be reversed again then sent to another judge. )

This judge, the MTC judge, (Judge Jorge Lorredo) does not want to try this case. He doesn’t want it, he wants the case to go away; but at the same time, he doesn’t want to inhibit himself because he feels that the case is better off in his sala than in any judge’s sala (though that’s not the reason he gives in the interview, he says he cares about the other judges and does not want to inflict this case on them) because at least, in his sala, he can independent-mindedly mock the parties to make them opt for settlement.

Settlement by mockery. If you cannot dismiss the case because it will be reversed again, but cannot inhibit yourself because you think the parties are better off in your sala, and you cannot appeal to the reason of the complainant to settle the case, what do you do?

Mock the parties to death. Until they settle the case.

Unorthodox? Very. I say “very”, because some judges can be unorthodox when they speak in open court, especially when they’re scolding the lawyers or the parties, some can be downright cranky, but they never put their eccentricities in writing, it’s most of the time off-the-record.

This judge does. He puts it in writing, then he gives a high-profile, nationally, globally televised interview on it.

Settlement by mockery. Unorthodox. Very. You’re actually courting a motion to be examined by a court-appointed psychiatrist. It’s a risk you take.

I finally took the time to read the order of the court (dated May 5) , here are excerpts:

ORDER

Accused having been arrested, his arraignment is set to May 7, 2009 at 8:30 in the morning.

XXX

Why is it safer for Defensor to settle the case—

XXX

Furthermore, I say that it may be very bad for his health and his family as well. If he gets sick like Mike Arroyo, would not that be bad for him and his family?

XXX

There are those who say that the serious heart disease is some kind of punishment for Atty. Mike Arroyo. I do not know if this is true, for I do not really know how our Lord works, for He does works in mysterious ways. But what I do know is that Lozada is being protected by the Church, by the priests and nuns. That must mean something. Defensor, take note: that must mean something.

XXX

Now, why are all these so important for Defensor to ponder on. Simple: if it is true that Mike Arroyo is being punished, Defensor may also be punished with some serious disease. I am sure his loved ones do not want that to happen to him.

XXX

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.

XXX

 

My notes: In an attempt to make the parties settle, the judge makes fun of Mike Defensor (the complainant) At the same time, if Mike Defensor is too oblivious to see what this means, here’s what the judge is trying to say (he doesn’t spell it out because he is not allowed to tell a party what will happen to him in court); but here’s what the judge is trying to tell Mike Defensor: “You will be creamed in court. On cross-examination. You will be forced to say things you don’t want to say, you will be stripped naked, i might even allow it, you will creamed like marshmallow, like pudding, like mashed potatioes, like mayonnaise. Settle this case.”

Of course, that’s not what he says in the order. Here’s the rest of the order. He says he will allow the issuance of subpoenas against the President and the First Gentleman and arrest warrants against them (the President and FG):

 

And if 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

Updated: judge in Lozada’s case about 2 say he might issue subpoena 2 produce d President in court when he was cut off (ANC remote live interview)

Updated:      

Pietro Peruqino.”Lunette with Power and Justice ‘. Right-clicked from www.allposters.com, used here for non- commercial  purposes, under the terms of  free service by blog-use of image provided by said site.
Pietro Peruqino.”Lunette with Power and Justice ‘. Right-clicked from http://www.allposters.com, used here for non- commercial purposes, under the terms of free service by blog-use of image provided by said site.

 

Breaking news:

The judge presiding over Jun Lozada’s case (“P vs. Lozada” for perjury) was about to say he might or he could issue subpoena to produce the President in court when he was cut off (ANC remote live interview) to give way to a studio guest waiting on cam.

         Updated: The judge was giving an exclusive live remote interview ( just chanced upon it, not familiar with the perjury case filed against Jun Lozada by Mike Defensor, and have not read the order of the judge asking the parties to settle) to an ANC reporter, where he said that Malacañang had put pressure on him to recuse himself from the case but refused to give details (the “who”, “when”, “where”, “how”, etc.), saying that the emissary would  just deny it. He then talked about the demolition job going on against him. Into 20 minutes of airtime he meandered into the following (i’m paraphrasing from memory): “masyado tayong naaaliw ng mga pangyayari, may kasal nila Mar Roxas at Korina, mga kandidato, etc (“we’re being entertained too much by events, the coming wedding of Mar Roxas and Korina, and the candidates, etc.”) hindi natin napapansin, baka mag-martial law na… (“it is escaping our attention that martial law could be declared…”) kasi baka dito sa kasong ito, bagamat….may mga nabasa naman akong pwede… baka ipatawag ang Presidente sa korte, may mga nabasa ako…. (because in this case…..i’ve read some materials that it can be done… the President might be summoned to court, i’ve read…..), then he was cut off by the news anchor at the studio because there was a studio guest waiting on cam.

        The judge did not use the word “subpoena” and “arrest warrant”, but he was meandering towards that: subpoenaing the President or FG and, upon their refusal, issuing arrest warrants.

       As we all know, there is no trial yet; preliminary motions have been filed.

       You usually issue subpoenas on motion. At pre-trial you provide a tentative list of witnesses (among other things). In the course of the trial, you can add witnesses,  or not use those in the list. When you have the trial dates, you ask the court, if required (like —  if the witness requires it or the witness will not go with the lawyer, he/ she has to be subpoenaed), to issue a subpoena for the witness. Subpoenaing the President? Let’s see.

        But hey, the judge is talking, we’ll just let him. If he cannot cite in contempt the public official who pressured him, maybe he should…subpoena the President? Cite her in contempt upon refusal? Have her arrested? If you couldn’t cite the President’s  alleged emissary- influence peddler, sure you could cite her.