Saturday, August 16, 2008 PCGG chief's inability to attend CA row hearing doubted
THE three-man panel of the Supreme Court (SC) investigating the alleged bribery and other irregularities in the Court of Appeals (CA) decision on the Meralco ownership case on Friday questioned the inability of Presidential Commission on Good Government (PCGG) chairman Camilo Sabio to attend hearings next week.
At the continuation of the hearings, lawyer Vitaliano Aguirre II, lawyer for CA Associate Justice Bienvenido Reyes, insisted that Camilo should be compelled to testify before the panel following the admission of his brother, CA Associate Justice Jose Sabio Jr., that he tried to influence him to decide in favor of the Government Service Insurance System (GSIS), the opponent of Meralco in the case.
"After all his braggadocio, may we know why Justice Sabio can't talk to his brother to attend the hearing?" Aguirre said.
He pointed out that the panel was insistent that his client, Reyes, who suffered two seizures over the weekend, be present next week to testify on his affidavit.
Justice Sabio is questioning the decision of the CA Eighth Division that divested the Securities and Exchange Commission (SEC) of the authority to rule on the counting of proxy votes in favor of the Lopez group during the power firm's stockholders' meeting last May 27.
Jose is questioning the jurisdiction of the Eighth Division over the case, amid his allegations that an emissary of Meralco tried to bribe him with P10 million.
He further alleged that prior to his knowledge that he has been designated acting chairman of the then on-leave Reyes, his brother had tried to talk to him about the position of GSIS, which owns a huge share over the power firm.
Citing news reports that documented Camilo's retreat at the Ninoy Aquino International Airport last Thursday, Aguirre said Chairman Camilo left the country Thursday for Brazil via Hong Kong "on official business," and won't be back until August 30.
He said that right after Justice Sabio implicated his brother, Camilo even went to Malacañang to explain to Executive Secretary Eduardo Ermita his call to his brother. In the meantime, the PCGG chief had all along been planning to snub the panel hearings to attend to some conferences abroad.
In a letter addressed to the panel, PCGG Legal Department Director J. Ermin Ernest Louie Miguel said Camilo needed to attend "an official business to confer with the counsel of the Republic of the Philippines vs Pimentel in Texas and Colorado in the United States, and to participate in the 73th Biennial Conference of the International Law Association in Rio de Janeiro, in his capacity as chairman and president of the International Law Association-Philippines."
A travel authority issued by Justice Secretary Raul Gonzalez Sr. dated August 13 was attached to the PCGG letter, although in that document, the travel authority was only until August 22, or a day after the investigating panel should submit its report and recommendations to the SC.
"Chairman Sabio wishes to express his willingness to comply with the subpoena issued and respectfully requests that his attendance thereto be moved to a latter date at the convenience of the Honorable Investigating Committee, preferably after August 31," Miguel stated.
But retired SC justice Romeo Callejo, member of the investigating panel, asked Justice Sabio about Camilo's preference to be investigated on August 31 instead of August 23, but the CA magistrate said he does not know as "I am not my brother's keeper."
Callejo also asked Miguel why Camilo did not simply designate a deputy commissioner to attend the foreign conventions to be able to clear his name before the panel.
"Did you not designate a vice chairman for that? What is more important, the conference or his being here? It is relevant that he should be here because it is the name of his brother that is at stake here. That is my opinion. Why don't you communicate with him?" Callejo told Miguel, who replied that he would comply.
Miguel added that Camilo's confirmation to the foreign trip has been done two months ago, but the travel authority given by the Department of Justice was made only two days ago, or soon after the panel castigated Camilo for trying to influence his brother to rule on the GSIS' position when he was still then the acting chairman of the Special Ninth Division.
Chairman Sabio was earlier cited for contempt by the Senate in connection with the Philcomsat fund mess. (ECV/Sunnex)
