Lorayne Pardo raises "Reckless Imprudence" case against Richard Gutierrez to Court of Appeals

Mark Angelo Ching
Thursday, July 08, 2010 @ 04:48PM  |  30047 views

Richard Gutierrez flew out of the country yesterday, July 7, to shoot the scenes of the third season of GMA-7's Survivor Philippines in a still undisclosed location. Lorayne Pardo (inset), on the other hand, does odd jobs to support her two young boys..

Photo By: Noel B. Orsal













In an interview with PEP (Philippine Entertainment Portal) last July 2 in his office in Greenhills, San Juan, Pardo's lawyer Atty. Abbas said they filed with the Supreme Court on July 1 the disbarment case against Devanadera and Agra because they were "biased" for the Gutierrezes.

In particular, Abbas said Devanadera and the Gutierrezes have an "amicable relationship."

 "We don't have any proof but there was the rumor floating that the Gutierrezes offered their support and her services in her campaign," he said, referring to Devanadera's candidacy for Representative of Quezon Province last elections.

Atty. Abbas also accused Agra of being "biased" because he allegedly has an "utang na loob" to Devanadera, his mentor.

"What Agra did in confirming it... was just to do a farewell to a person who actually considers him a protégé," said Atty. Abbas.

JURISDICTION. In the same interview, Atty. Abbas also revealed that they filed with the Supreme Court on July 2 a disbarment case against Quezon City Regional Trial Court Judge Arellano-Marquez because she approved the bail of Gutierrez despite the fact that the case was "outside her jurisdiction."

It will be recalled that on September 22, 2009, Presiding Judge Ma. Victoria Cupin-Tesorero of the Metropolitan Circuit Trial Court of Silang, Cavite issued a Warrant of Arrest against the actor. The bail recommended was P30,000.

Gutierrez, however, did not post bail in Cavite but in Quezon City. On September 23, 2009, he posted the 30,000 cash bail with the Quezon City Regional Trial Court. Judge Arellano-Marquez approved the bail and recalled the warrant against the actor, and authorized his temporary liberty.

In their nine-page Complaint for disbarment, Pardo's lawyers argued that the Judge's action "constitute a serious breach of her duties and responsibilities as member of the judicial system."

MEDICAL CERTIFICATE. On February 10, 2010, Gutierrez failed to show up at his scheduled arraignment for the Reckless Imprudence charge at the Municipal Circuit Trial Court of Silang, Cavite. To justify his absence, his lawyers, Atty. Asuncion and Atty. Mallari, presented to the Court a medical certificate stating that the actor was suffering from "acute gastroenteritis" and was "physically unfit for travel." Judge Cupin-Tesorero then agreed to reset the arraignment to March 31. (CLICK HERE to read related story)

Atty. Abbas said they filed separate cases against Dr. Oreta, Atty. Bio, Gutierrez, Atty. Asuncion, and Atty. Mallari, because the medical certificate was "false."

"We filed a case against yung doctor, Jose Oreta ng St. Luke's, for issuing a false medical certificate,"Atty. Abbas explained. "Kasi in that medical certificate, he placed that he examined Richard Gutierrez and found him to be suffering from gastroenteritis, dehydration, and that he feels very weak and unfit to travel. That's dated February 9."

Atty. Abbas stressed that the actor was visibly healthy on the same date. On February 9, Atty. Abbas said he learned that Gutierrez was present in the office of Devanadera at the DOJ to finalize his amicable settlement with PEP. (CLICK HERE to read related story)

"So clearly, the medical certificate was false," he said. "So we filed a case against Oreta for issuing a false medical certificate, in violation of Article 174 of the Revised Penal Code."

Consequently, Atty. Cristine Bio, who notarized the medical certificate, was similarly at fault, Abbas said. "We also filed a case against the notary public for violation of the Notarial Law... She notarized the document where she has an interest, or derived benefit, because this was beneficial to the accused and to the law firm to reset the arraignment. She's part of the law firm."

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