Power Trip in the Courts

abs-cbnNEWS.com | 08/19/2008 8:27 PM

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September 12, 2008
Drilon urges SC to also fight Palace meddling in courts
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Former Senate President Franklin Drilon said in a statement that other than curbing corruption, the Supreme Court should also address perceptions that the judiciary is "losing its independence due to political interference and pressure from Malacañang." Drilon said the SC should "review the process by which Malacañang appoints members of the judiciary in view of criticisms that only those perceived to be loyal to Malacañang were being appointed to the high tribunal." Under current laws and procedures, he said judges and justices are appointment by the President from a list submitted by the Judicial and Bar Council (JBC).

September 12, 2008
PCGG's Sabio goes on indefinite leave
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PCGG Chairman Camilo Sabio filed an indefinite leave after the Supreme Court ordered disbarment proceedings against him for trying to influence the Court of Appeals in the Meralco-GSIS corporate battle. Press Secretary Jesus Dureza said Sabio's leave will take effect on September 29. He will be replaced by PCGG Commissioner Narciso Nario. Sabio decided to file a leave of absence in light of the the disbarment case he is facing before the Supreme Court's Office of the Bar Confidant.

September 11, 2008
Roxas blames GSIS, politics for his ouster
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Dismissed CA justice Vicente Roxas, the ponented, said his ouster was part of a demolition job purportedly orchestrated by the losing party, the Government Service Insurance System (GSIS). In an exclusive interview Thursday with ABS-CBN senior correspondent Karen Davila, Roxas said an “unseen hand” had been “orchestrating all of this, which I didn't know at that time.” He said his dismissal was unfair and wrong, noting that it was Justice Sabio and his brother, Presidential Commission on Good Government (PCGG) chairman Camilo Sabio, who violated the law.

September 11, 2008
GSIS fires back, files criminal raps vs Meralco parent
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GSIS filed a case against all the board members of First Philippine Holdings Corp, the other major shareholder in Meralco, in reply to the earlier case filed by FPHC against GSIS and SEC at the Ombudsman. GSIS lawyer Estrella Elamparo said the accusations presented by FPHC in its case are baseless. She said the company only wants to harass and irritate the GSIS.

September 9, 2008
SC sacks CA justice, suspends another in bribery scandal
By PURPLE S. ROMERO, Newsbreak/news.abs-cbn.com

Justice Vicente Roxas is the third magistrate from the Court of Appeals (CA) to be dismissed in the appellate court’s history after the High Tribunal told him to hang his robe for displaying “dishonesty,” “disrespectfulness” and “undue interest” in the Meralco case. Roxas received the biggest blow among five CA justices sanctioned Tuesday by the High Court for fabricating the transcript of the Eighth Division’s July 24 final deliberations on the Meralco-GSIS legal tiff proved to be his worst misstep as such violation warranted dismissal from the judiciary. Roxas’s dismissal came seven years after the SC dismissed Justice Elvi John Asuncion for gross ignorance of the law in 2001, according to records of the CA.

September 10, 2008
Breakdown of ethics, selection process culprits in CA mess (SPECIAL REPORT, Part 2 of 3)
By Aries Rufo, abs-cbnnews.com/Newsbreak

How did the image of the Court of Appeals come to hit rock bottom with one bribery scandal? At the core of the issue is the breakdown of ethical conduct among some CA justices where impartiality, propriety and integrity have been sacrificed. Their numbers grew, came from more diverse backgrounds--and they became more sociable. There used to just be 15 justices in the early years. Now there are 69. Interaction among justices, whether personal or professional, used to be clearly delineated so they are not overly familiar with each other. The problem may lie in the screening process. The Judicial and Bar Council, a constitutionally created body, has failed in its task to screen, select and recommend nominees to the positions in the judiciary because the process tend to be politicized.

September 9, 2008
Court of Appeals scandal: the many faces of bribery (SPECIAL REPORT, Part 1 of 3)
By Aries Rufo, abs-cbnnews.com/Newsbreak

Every Christmas season, a controversial taipan plays Santa to a number of justices in the Court of Appeals. With the help of two retired CA justices, he would distribute gift checks to the magistrates who would graciously accept the harmless offering. Or so it seems.

September 9, 2008
SC panel finds five CA justices violated ethics in Meralco-GSIS case
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The 3-man panel tasked to investigate the controversy at the CA submitted its confidential 59-page report, which was submitted to the Supreme Court for deliberation and decision during its en banc meeting on Tuesday.

September 1, 2008
'Justices in GSIS-Meralco row should resign'
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In a paid ad in The Philippine Star, the officials of the Integrated Bar of the Philippines called for the resignations of Court of Appeals magistrates linked to alleged bribery and influence-peddling in the GSIS-Meralco case. They said the appellate court magistrates should irrevocably submit their resignations out of delicadeza and to salvage the integrity of the second highest court in the country.

August 27, 2008
IBP says Camilo Sabio violated legal ethics
By Purple Romero, abs-cbnNEWS.com/Newsbreak

DAY 15. While a disbarment case has already been filed at the Supreme Court against PCGG chairman Camilo Sabio, a lawyer, the Integrated Bar of the Philippines said it is also "waiting" for another disbarment case to be lodged with them. The IBP could also investigate the matter on its own or upon referral by the Supreme Court or by any other person. Meanwhile, Jesus Santos, member of the GSIS board of trustees, denied in an ANC interview that he asked Camilo Sabio to call Justice Jose to seek the junking of the TRO.

August 26, 2008
CA justices didn't deliberate on Meralco-GSIS case
By Purple Romero, abs-cbnNEWS.com/Newsbreak

DAY 14. Justice Bienvenido Reyes's returned to the ongoing investigation and told the investigating panel today that the Eighth Division, which he chairs, never held previous deliberations in the run-up to the promulgation of the July 23 decision, which favored Meralco. Reyes admitted that as "practiced" in the appellate court, justices do not hold deliberations anymore before they sign the ponencia.

August 26, 2008
FG's lawyer lobbied for GSIS in battle for Meralco
By Purple Romero, abs-cbnNEWS.com/Newsbreak

DAY 14. PCGG Chairman Camilo Sabio admitted before a probe panel that he asked his brother, Justice Jose to help GSIS in its battle for control of Meralco. Camilo said he called his brother on May 30 after he received a call from lawyer Jesus Santos, a member of the GSIS board of trustees and legal counsel of First Gentleman Jose Miguel 'Mike' Arroyo in his libel cases. Camilo said it was Santos who informed him that his brother was a member of the division hearing the Meralco-GSIS legal row. Throughout Tuesday's morning hearing, Chairman Sabio stood firm on his decision that there was nothing wrong with what he did.

August 25, 2008
'Take advantage of the corrupt courts'—Winston Garcia?
By Lala Rimando, abs-cbnNEWS.com/Newsbreak

In audio recording entitled "Hello Garci-a," which was posted on YouTube, a voice recording of what sounds like that of Winston Garcia, head of GSIS, exposed an insinuation to "take advantage of the corrupt courts," particularly the Court of Appeals, to win cases. The YouTube posting seems like the purported audio recording of a remark that, according to sources, Garcia made during a Meralco board meeting in mid-2003. Garcia allegedly remarked then that Meralco should resort to extra-judicial means to win its court cases after it lost a major legal battle in the Supreme Court and the company was ordered to refund P28 billion to its customers.

August 25, 2008
Sabio counsel wants SC to decide en banc on his complaint vs Roxas
By Purple Romero, abs-cbnNEWS.com/Newsbreak

In a petition filed August 21, lawyer Vicente Chuidian, a supporter of Justice Sabio, asked the Supreme Court to decide en banc on the administrative complaint he filed against Sabio's adversary Justice Roxas. Chuidian said the case "may tend to shed light on the existence or non existence of a pattern or system of impropriety."

August 20, 2008
'Fixer' in Meralco case takes witness chair, more names surface
By Aries Rufo, abs-cbnNEWS.com/Newsbreak

DAY 10. The names rolled on while businessman Francis Roa de Borja, an alleged go-between in the attempted bribery, finally took the witness chair. He dragged the mighty to anonymous tipsters— Meralco president Manolo Lopez, former Ombudsman Simeon Marcelo, and top notch lawyers from the Villaraza, Cruz, Marcelo and Angangco law firm—into the controversy. Meanwhile, GSIS spokesperson Estrella Elamparo was scolded by the panel for raising unfounded imputations on the impartiality of Justice Vicente Roxas on the Meralco case.

August 19, 2008
SC decision to fine Roxas raises questions on timing
By Purple Romero, abs-cbnNEWS.com/Newsbreak

While Justice Roxas is currently in hot water for allegedly acting with 'undue haste' on the Meralco-GSIS case, he was found to have been sitting on another case. The Supreme Court en banc fined him for unwarranted delayed action on two motions for reconsideration filed in 2006 and 2007. During cross examination, Justices Sabio and PJ Vasquez asked Roxas about his pending administrative case with the SC before the high court's spokesperson released a statement about these administrative cases.

August 19, 2008
CA Justice Roxas ignored advise to inhibit from Meralco case
By Aries Rufo, abs-cbnNEWS.com/Newsbreak

DAY 9. Justice Martin Villarama, Jr., warned Justice Roxas that the case could blow on his face so his best recourse was to inhibit from the case. But Roxas did not heed the advice of his colleague and went on to promulgate the decision favoring the Lopez family. Meanwhile, Justice Vasquez cross-examined Justice Roxas who disclosed to the panel that Vasquez has relatives working in GSIS. Roxas admitted that Vasquez's daughter employed by GSIS did not influence Roxas' decision making.

August 19, 2008
Roxas: CA presiding justice has 'greater interest' in Meralco case
By Aries Rufo, abs-cbnNEWS.com/Newsbreak

DAY 9. Justice Roxas said PJ Vasquez Jr. has "greater interest" in the Meralco-GSIS corporate war, a ground for inhibition. Roxas cited column of Jake Macasaet in Malaya that Vasquez's sister and former Presidential Management Staff Secretary Leonora "Lenny" de Jesus, Vasquez's two daughters, and a niece, are all working at the state pension fund. Roxas also told the panel that GSIS vice-president for legal affairs, Estrella Elamparo, tried to barge into his chamber last May 29.

August 18, 2008
SC panel may recommend criminal charges in CA bribery
By Aries Rufo, abs-cbnNEWS.com/Newsbreak

DAY 8. The Sabio brothers may have committed two separate violations. As a government official, Camilo's act of calling his brother to influence his decision is punishable under Revised Penal Code's Article 243, which bars government officials to influence justices. And as an official of the court, Justice Sabio is mandated under Article 208 of the Revised Penal Code to report any possible violation of the law

August 15, 2008
Leaks in Court of Appeals violate confidentiality
By Aries Rufo, abs-cbnNEWS.com/Newsbreak

DAY 7. Panel member former Justice Romeo Callejo Sr. expressed concern individuals who are not involved in a case have prior or advance information on court actions, which violates confidentiality. Highlighted were how the brother of Justice Sabio knew of the May 30 case assignment even before it was raffled to Jose.

August 14, 2008
Contradictions exposed in justice’s version on Meralco-GSIS row
By Aries Rufo, abs-cbnNEWS.com/Newsbreak

DAY 6. Justice Roxas was in a hot seat at the Supreme Court hearing as panel member Romero noted his apparent undue interest and "unseemly" haste in resolving the case, pointing out the instances where Roxas personally delivered copies of draft decisions to the justices for their perusal and his active pursuit of fellow Justice Bienvenido Reyes to affix his signature to the decision. Justice Myrna Dimaranan-Vidal accused Roxas at least twice of lying in his testimony before the panel

August 14, 2008
Sabio leaves RP; won't be back before bribery probe deadline
By Lala Rimando, abs-cbnNEWS.com/Newsbreak

DAY 5. PCGG chair Camilo Sabio left for Brazil as the controversies surrounding the handling of Meralco case heated up. Camilo could be held criminally liable for trying to influence his brother, CA justice Jose Sabio, Jr., to favor GSIS.

August 13, 2008
Court of Appeals records on Meralco-GSIS case in disarray
By Leilani Chavez, abs-cbnNEWS.com

Day 4. There were different dates in the CA's "memorandum logbook" for the submission of the memoranda from Meralco and GSIS. The original copy of the transcript of the July 14 deliberation among the justices in the new 8th division, which eventually promulgated a decision on the case,was no in the rollo, the complete case file.

August 11, 2008
Camilo, the other Sabio
By Purple S. Romero, abs-cbnNEWS.com/Newsbreak

Sidebar--background on PCGG chair Camilo Sabio

August 11, 2008
Sabio admits his brother, PCGG chair, tried to influence him in Meralco case
By Purple S. Romero, abs-cbnNEWS.com/Newsbreak

DAY 3 of SC hearing: Justice Sabio said his brother, PCGG chair Camilo Sabio, called him 2 hrs before case raffle on May 30 to ask him to favor GSIS/SEC. TRO was issued that day. SC justice said it was unethical.

August 11, 2008
‘The case to me was quite simple except that the parties are not’-Justice Bruselas
By Purple S. Romero, abs-cbnNEWS.com/Newsbreak

Based on submitted affidavits to SC--Bruselas said nothing irregular when justices are reshuffled to different divisions and cases are handled by other justices. TRO not one of the exemptions for moving case to new division.

August 8, 2008
Appeals court commits lapses in Meralco-GSIS case
By Purple S. Romero, abs-cbnNEWS.com/Newsbreak

DAY 2 of SC hearing on CA justices’ row zeroed in on the unresolved motions, lack of deliberation, and other procedural loopholes in the run-up to the signing of a July 8 ‘draft’ of the Meralco-GSIS case decision.

August 7, 2008
CA chief sidelines opinion of Rules Committee on justices' row
By LALA RIMANDO, abs-cbnNEWS.com/Newsbreak

CA's Presiding Justice Conrado Vasquez, Jr. undermined the court's Rules Committee, which issued an opinion that did not confirm to his.

August 7, 2008
Sabio presses innocence with affidavits from supporters
By Purple S. Romero, abs-cbnNEWS.com/Newsbreak

DAY 1 of SC hearing on CA Justices’ row: Justice Jose Sabio Jr. will bolster his plea of innocence in the P50-million bribery charge thrown at him by alleged Meralco emissary Francis Roa de Borja by seeking supporting affidavits from Fr. Joaquin Bernas, his daughter-lawyer, and, Evelyn Roa Clavano, Sabio’s and de Borja’s mutual friend from CDO.

August 7, 2008
CA justice calls on public to still trust judiciary amid irregularity probe

Justice Apolinario Bruselas said that as the newest member of the 8th Division he was saddened that the division’s controversial ruling on the MERALCO management case had triggered questions about the credibility of the whole judiciary itself.

August 7, 2008
Businessman to affirm statements on CA bribery case
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Businessman Francis de Borja said he is ready to affirm his statements on the bribery scandal before the three-man panel created by the Supreme Court (SC).

August 6, 2008
PART 2: CA weak leadership allowed justices' rift to prosper
By LALA RIMANDO, abs-cbnNEWS.com/Newsbreak

CA Presiding Justice Conrado Vasquez Jr. knew of the justices' rift from the start. But he had his own position on the handling of the case that did not agree with the Rules Committee's so he allowed the rift to prosper.

August 5, 2008
Analysis PART 1: Appellate justices displayed undue interest in the Meralco-GSIS row
By LALA RIMANDO, abs-cbnNEWS.com/Newsbreak

Based on their correspondences, Roxas and Sabio displayed undue interest, and in some instance, aggressiveness, in ensuring that they are included in the division that determined the fate of the two camps.

August 4, 2008
SC dismissed CA justices in the past
By Purple S. Romero, abs-cbnNEWS.com/Newsbreak

The latest controversy that has rocked the Court of Appeals—the attempted bribery of one of its justices—is only the latest in a string of similar misdemeanors. Our research shows that two CA justices, so far, have been dismissed. One was dismissed for extending a TRO and another for interceding on behalf of alleged drug syndicate.

August 4, 2008
Three retired justices to hear CA bribery scandal
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SC appointed retired justices--Flerida Ruth Romero, Romeo Calleja, and Carolina Grino Aquino--to the panel that will hear allegations of bribery and other alleged improprieties of CA justices involved in the Meralco case.

August 1, 2008
CA justice may file raps vs 'Meralco emissary'
By Judith Balea, abs-cbnNEWS.com

Justice Jose Sabio, Jr. called a press conference to redeem himself from the damaging affidavit of businessman-friend Francis de Borja who turned the table and said it was Sabio who asked for money. Sabio said 'The Firm' is behind de Borja's coming out.

August 1, 2008
SC urged to 'swiftly' probe bribery scandal in CA
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Several senators from both the administration and opposition called on the Supreme Court (SC) Friday to immediately step into the alleged bribery scandal at the Court of Appeals (CA), which involves the battle for control of the Manila Electric Corp. (Meralco), the country's largest power distribution firm.

August 1, 2008
Lopez denies trying to bribe CA justice
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Meralco chair Manolo Lopez said he was in the US from June 27 to July 13 for a medical check-up, which means it was impossible for him to be waiting in a car at the Ateneo Law School in Makati when Francis de Borja, reportedly offered a P10 million bribe to CA Justice Jose Sabio. He showed his boarding passes.

August 1, 2008
Businessman defends Lopez in bribery tale
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Francis de Borja denies he is a Meralco emissary

August 1, 2008
CA justice plans to file bribery rap vs. 'Meralco emissary'
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Sabio told a press conference that it was De Borja who "kept pestering" him about the businessman's P10 million bribe offer to give up the chairmanship of the CA division that was supposed to rule on the Meralco-GSIS case.

July 31, 2008
Businessman says CA justice asked for bribe; charge denied
By LALA RIMANDO, abs-cbnNEWS.com/Newsbreak

Businessman Francis de Roa releases an affidavit where he said he did not offer P10M bribe to Sabio, but that Sabio was actually the one who named his price—P50 million—to disengage from the case. De Borja said he has been friends with Sabio since 1993 back when the latter was still a judge in Cagayan de Oro RTC. Sabio releases a statement, which said de Borja "twisted the facts to suit a wicked end."

July 31, 2008
CA holds rare en banc session to resolve rift on Meralco case
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Reports said this is the first time that all CA justices will meet to discuss serious and sensitive issues such as the claim of Justice Jose Sabio, Jr. that he was offered a P10 million bribe

July 30. 2008
CA head decides for Sabio in rift on Meralco case
By LALA RIMANDO, abs-cbnNEWS.com/Newsbreak

CA Presiding Justice, Conrado Vasquez, Jr., who will be leading an en banc meeting on July 31 to investigate a complaint on the handling of a corporate case, has already made a stand on the ongoing rift among the appellate justices.

July 30, 2008
Meralco legal war causes dissent among CA justices
By Judith Balea, abs-cbnNEWS.com

While the boardroom saga of Manila Electric Co. (Meralco) started as an ugly corporate war that has evolved into a legal battle, the magistrates hearing the case are themselves locked in a conflict after the appellate court's latest decision.

July 29, 2008
CA justice questions decision on Meralco board row
By Judith Balea, abs-cbnNEWS.com

Justice Jose Sabio Jr is assailing the July 24 decision on the Meralco-GSIS row that favored the Lopez family-dominated board for two things: the personalities involved in deliberating and crafting it and the haste by which it was handed out.

July 28, 2008
Meralco lawyer: CA did not "unceremoniously exclude" judge
By LALA RIMANDO, abs-cbnNEWS.com/Newsbreak

A reorganization within the appellate court and their internal rules on case assignments explain why Justice Reyes the July 27 decision on the on-going Meralco case, a statement from Simeon V. Marcelo, lawyer fo Meralco a former Ombudsman turned private lawyer representing the Lopez family-dominated Meralco board, explained the circumstances that led to the July 24 Court of Appeals decision, which favored his client

June 24, 2008
CA hears Meralco-GSIS case, to decide on jurisdiction issue soon
By Judith Balea, abs-cbnNEWS.com

In fifteen days, the CA will decide which body had jurisdiction over the issues surrounding the treatment of proxy votes cast at the disputed May board election of Meralco.

May 30, 2008
CA issues TRO in favor of Meralco board
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The 9th Division of the Court of Appeals on Friday issued a 60-day temporary restraining order (TRO) in favor of Lopez-controlled Meralco.

as of 09/15/2008 12:48 PM

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