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Thursday, July 11, 2002
Laurel stalls Expo indictment
By Joel San Juan
FORMER Vice President Salvador Laurel Wednesday filed with the Supreme Court another motion seeking to clarify the Court's decision paving the way for his prosecution.
In a three-page motion for clarification, Mr. Laurel agreed the High Court whether or not the July 1 resolution issued by the Court's First Division "modified or reversed" previous rulings "unanimously" decided by the Supreme Court defining a "private corporation" like Expo Corporation.
If so, Mr. Laurel said that the resolution could possibly be reconsidered in the light of a constitutional provision which provides "that no doctrine or principle of law laid down by the court in a decision rendered en banc or in division may be modified or reverse except by the court sitting en banc."
It cannot be disputed that the Expo Corporation is considered a private corporation as defined by previous rulings of the Supreme Court in Macalino Vs. Sandiganbayan, Camporedondo vs. National Labor Relations Commission and the Philippine National Construction Corporation vs G.R. Pabion, Mr. Luarel said.
However, he said that the Court's resolution which dismissed with finality his petition questioning the jurisdiction of the Ombudsman over his case, stated that "Expocorp is a government owned and controlled corporation..."
"Did this ruling in any way modify or reverse any of the above mentioned cases? If so, can this First Division of this Honorable Court declare its decision as 'final' in the face of Article VII, Section 4 paragraph 3 (of the Constitution)?," he asked.
"It is most respectfully that this Honorable Court elucidate on the above questions for the guidance not only of the petitioner but also of the Bench, the Bar and the general public," Mr. Laurel said.
Mr. Laurel earlier said he will file an extended counter-affidavit with the Ombudsman after the latter announced that it will file this week the graft case against the former Vice President in connection with illegal award of the multi-billion Freedom Ring construction project to Asia Construction and Development Corp. (AK) in 1996.
The Office of the Ombudsman found basis to indict Laurel for supposedly awarding the project to the firm without the public bidding required under the law. |
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