This was according to Lee’s lawyer, Atty. Rony Garay, who said Regional Trial Court (RTC) Branch 42 Presiding Judge Maria Amifaith S. Fider-Reyes gave them time to present their evidence until the December 14 hearing.
Garay said Judge Reyes did not act on the letter of RTC Executive Judge Divina Luz P. Aquino-Simbulan dated October 29 containing her “advise” to the presiding judge to consider transferring Lee to the Bureau of Jail and Management and Penology (BJMP) facility in Barangay Telabastagan here allegedly because Lee was getting special treatment at his present detention.
However, in a supplemental letter dated November 2 to Reyes, Simbulan wanted Lee to be transferred instead to the BJMP jail in Arayat town which is about an hour away from this capital city because, according to her, “the Arayat jail will be more conducive” to Lee as it is “not overcrowded” as that of the Telabastagan facility.
But Garay said this is very unusual because the Arayat jail is only for inmates within the jurisdiction of the Metropolitan Trial Court while Lee’s case is covered by the RTC.
“The November 2 letter of Judge Simbulan expressly states his transfer to the Arayat jail so we are wondering why she wants Delfin Lee to be transferred to Arayat,” he added.
Garay said after the hearing on Monday his client will not be transferred “until this matter has been resolved by this court.”
Garay explained that the allegations in the October 29 letter of Judge Simbulan are “evidentiary matters so they need to be substantiated.”
He said they will be presenting witnesses on December 14 “to controvert the baseless allegations” in the letter of Judge Simbulan.
“The executive judge’s allegations are stating facts that is why we need to present evidence to controvert or to disprove these allegations,” Garay explained.
He said there was no lawful order coming from the court but Judge Simbulan, without that order, already coordinated with the BJMP Telabastagan for Lee’s transfer.
In the meantime, Garay said the letter-complaint of Delfin Lee against Simbulan will take its natural course as it is now submitted before the Office of the Court Administrator (OCA). He said “the Court Administrator has supervision over the disciplinary actions against judges so they will act on that.”
Shih Tzu
In a related development, the Shih Tzu puppy that was allegedly “forcibly” taken by Simbulan from an inmate was reportedly returned to its owner complete with “a receiving copy” signed by the inmate.
Lee, in his November 5 complaint against Simbulan, narrated how powerful Simbulan is at the provincial jail when she allegedly took away the puppy from the inmate identified as “Jenny” for only P1,000 when the price of the puppy ranges from P12,000 to P15,000. Lee said the woman inmate could do nothing and just cried profusely.
On the syndicated estafa case against his client, Garay said the trial is still ongoing as the prosecution is still presenting the first witness.
Newsmen barred
Meanwhile, newsmen out to cover the hearing of Lee’s Omnibus Motion on Monday were barred by Judge Reyes from even entering the RTC building.
Atty. Gino Capati from the Office of the Clerk of Court met newsmen at the entrance to the building and said he was called by Judge Reyes early in the morning ordering him not to allow the members of the media inside the RTC building.
Newsmen had to wait outside the RTC building for the hearing to be finished before interviewing Garay in front of the building.
Requests for interviews with Judge Simbulan were also rebuffed with declarations that the judge “was not at her office” and that “she had no instructions allowing for any interview.”
