CJ Bersamin denies SC order over PCSO related to closure

Mike Navallo, ABS-CBN News

Posted at Aug 01 2019 02:13 AM

MANILA – Chief Justice Lucas Bersamin on Wednesday dispelled any notion that the Supreme Court (SC) Office of the Court Administrator (OCA) order directing trial courts to report all cases related to the Philippine Charity Sweeptakes Office (PCSO) was prompted by President Rodrigo Duterte’s order Friday night to close down all PCSO-licensed gaming operations.

“Natiyempo lang siguro na merong nakapansin, no less than the President,” he told reporters at the sidelines of the Legal Education Summit at the Manila Hotel.

(It just so happened that someone noticed, no less than the President.)

The President, in a video message Friday, cited “massive corruption” as his ground for deciding to close down all gambling activities with franchises, licenses and concessions granted by the PCSO and arrest anyone involved in these activities.

In its circular released Monday, Court Administrator Justice Jose Midas Marquez used similar language – “serious allegations of ‘massive corruption’ involving small town lottery (STL) and other gaming franchisees issued by the PCSO” – as the justification for the OCA’s order, noting that some of them have “supposedly reached the courts.”

On the same day, Marquez issued a memorandum to judges of the Mandaluyong City regional trial courts reminding them that only the PCSO Board shall have the “sole discretion and authority to suspend, cancel, revoke or terminate any STL agency agreement.”

The memorandum was in response to a February 2019 letter addressed to the OCA from PCSO Chair Anselmo Simeon Pinili, who raised the issue of several Mandaluyong RTCs issuing temporary restraining orders (TROs) and injunctions against the PCSO in connection with STL agents whose agency agreements with PCSO were terminated due to failure to pay huge shortfall of sales.

Bersamin on Wednesday clarified that in issuing the directive to trial court judges and branch clerk of courts to report PCSO-related cases to OCA by August 15, the high court simply wants to monitor the cases being handled by the judges and does not mean they are suspecting these judges of wrongdoing.

“It’s not a reflection on the judges. We're not even judging them yet. Their reports will come in then we will have to look at the reports, and not only these judges na nag-issue ng TRO (temporary restraining order) sa PCSO cases, also other cases where they issued TRO,” he explained.

(It’s not a reflection on the judges. We're not even judging them yet. Their reports will come in then we will have to look at the reports, and not only these judges who issued TRO (temporary restraining order) in PCSO cases, also other cases where they issued TRO.)

“I’m giving the assurance that all these judges shall be presumed to have done these things in good faith, perform their duties. If we would find, based on the study of their action, there were things that were done wrong, or procedures that were transgressed, that could be another matter. But I’m not going to anticipate any of those,” he added.

The Chief Justice also said the high court will respect the trial court judges’ independence in discharging their judicial functions, noting that the higher courts cannot just interfere or intervene unless there is basis.

“The OCA is a very experienced office, it has many personnel there who are very very capable of detecting deficiencies and non-compliances, and if there should be any...if they noticed anything irregular that’s what I meant, then they will determine if there is a need to investigate deeper or to just call the judges' attention to whatever shortcomings,” he said.

“We will now determine if what they did wrong was from their honest mistake or negligence which could be overlooked. But if the transgressions are very serious, and they affected the rights of the parties, that’s the time that we will come in,” Bersamin explained.

The President, in various speeches, has repeatedly expressed displeasure at TROs issued by courts in relation to infrastructure projects, business projects and even drug trafficking cases.

In his video message Friday, Duterte said he will not honor any court order that will stop the government’s investigation on the alleged massive corruption in the PCSO.

Bersamin initially refused to comment on the President’s statement but later said the President may be right.

“’Yung sinabi ni Presidenteng ganyan, may have a reason, a justification for making that statement but on a case to case basis. Mahirap nating pangunahan. We should give the judge full discretion but I’m not saying the President was wrong. He may be right in some way,” he said.

(What the President said may have a reason or justification but on a case to case basis. It’s hard to prejudge. We should give the judge full discretion but I’m not saying the President was wrong. He may be right in some way.)

“Kasi merong standing law, there is an existing law that you cannot issue a TRO on these particular kinds of cases. So maybe he was thinking of that,” he continued.

(Because there’s a standing law, an existing law that you cannot issue a TRO on these particular kinds of cases. So maybe he was thinking of that.)