Friday, September 05, 2008 Panel submits report on CA row probe to SC
THE Supreme Court (SC) has officially received from the three-man panel its report and recommendations on the propriety of Court of Appeals (CA) justices in connection with its disposition of the Meralco ownership case.
The panel, chaired by retired SC justice Carolina Grino Aquino, held marathon hearings since August 7 to determine the liabilities of CA justices involved that allegedly threatened to destroy the institution.
The report was submitted to Chief Justice Reynato Puno.
In an interview, SC spokesman Midas Marquez said the report was confidential in nature and he was sworn not to divulge its content until the SC magistrates are able to discuss it on Tuesday during its regular en banc session.
Marquez said the SC is expected to come up with a resolution whether some justices of the appellate court should be meted administrative sanctions in connection with their actuations.
He said that he is not sure whether the court will adopt in full or modify the panel's report.
Possible punishments will likely be imposed for the CA justices depended on the level of impropriety they are guilty of, he added.
"The punishments could range from simple admonishment or dismissal from the judiciary. It all depends on whether the SC will fully adopt the panel findings or recommendation or just used it to create their own conclusion," Marquez further stated.
Subject of investigation are CA Presiding Justice Conrado Vasquez Jr., Sixth Division chairman; Associate Justice Jose Sabio Jr., Eighth Division chairman; Associate Justice Bienvinido Reyes, Eighth Division senior member; Associate Justice Vicente Roxas (the ponente of the Meralco decision); Eighth Division junior member Apolinario Bruselas; Sixth Division junior member Myrna Dimaranan-Vidal; Seventh Division chairman Martin Villarama; and CA Rules Committee head Edgardo Cruz.
Aside from the CA justices, the panel also questioned Cagayan de Oro businessman Francis Roa De Borja and Presidential Commission on Good Government (PCGG) chairman Camilo Sabio, who had allegedly tried to influence his brother, Jose, into ruling in favor of the position of the Government Service Insurance System.
The controversy stemmed from the complaints made by Sabio and Vidal that they were unceremoniously excluded from deciding on the Meralco case against GSIS and the Securities and Exchange Commission (SEC) when it was transferred from the Special Ninth Division to the Eight Division.
Sabio further made allegations that De Borja offered him P10 million to relinquish the chairmanship of the Special Ninth Division, which issued the temporary restraining order (TRO) enjoining SEC from implementing its cease and desist order and show-cause order against Meralco in connection with the validation of the proxy votes in favor of the Lopez group during the power firm's stockholders meeting last May 27.
The CA decision, penned by Roxas, in effect junked the bid of GSIS led by Winston Garcia to wrest the control of the power firm from the Lopez group.
Sabio assumed the chairmanship of the Special Ninth Division after Reyes took a leave of absence.
Reyes reported back to work before the oral argument on the case on June 23, but Sabio reportedly refused to vacate the position.
Roxas, on the other hand, explained that when he and other member-justices of the Eight Division signed the Meralco decision, they were merely obeying Reorganization Office Order No. 200-08 CMV issued by Vasquez dated July 4, 2008 that was approved by the SC. (ECV/Sunnex)