In this Sept. 11, 2015 file photo, then senator Juan Ponce Enrile appears at the Sandiganbayan for his trial for plunder in connection with the congressional pork barrel scam. Now a former senator and out on bail on humanitarian grounds, the 93-year-old Enrile wants the inhibition from the case of Sandiganbayan Presiding Justice Amparo M. Cabotaje-Tang. (INQUIRER FILE PHOTO / NI脩O JESUS ORBETA)
MANILA 鈥� Former Senator Juan Ponce Enrile has sought the inhibition of Sandiganbayan Presiding Justice Amparo M. Cabotaje-Tang from his pork barrel cases, hinting that her appointment by former President Benigno Aquino III might influence her decisions.
In a 15-page motion dated May 26, Enrile, through top defense lawyer Estelito Mendoza, described how Aquino bypassed Tang鈥檚 seniors when he selected the junior justice to head the anti-graft court on Oct. 7,
2013.
Although the motion stated there could 鈥渉ardly be any doubt鈥� as to her qualifications, it cited the 鈥渟ubconscious forces,鈥� which could affect the verdicts in 鈥渢he momentous cases she decides.鈥�
It quoted a three-page portion of United States Supreme Court Justice Benjamin Cardozo鈥檚 classic 1921 book, The Nature of the Judicial Process, which described the 鈥渟ubconscious forces鈥� that shape a judge鈥檚 thought processes.
Part of the quote read: 鈥淒eep below consciousness are other forces, the likes and the dislikes, the predilections and the prejudices, the complex of instincts and emotions and habits and convictions, which
make the man, whether he be litigant or judge.鈥�
During a Thursday hearing, Tang gave prosecutors a non-extendible period of 10 days to comment on Enrile鈥檚 motion. He will in turn be given another seven days to reply to the comment. 聽SFM/rga