Monday, September 22, 2008 Lawyer wants Justice Sabio disbarred
A LAWYER has asked the tribunal to order the suspension of Court of Appeals (CA) Associate Justice Jose Sabio Jr. from the practice of law in connection with the his commission of improprieties related to the Meralco ownership-case.
In a petition filed with the Supreme Court (SC) over the weekend, lawyer Fernando Perito said he did not intend to personally assault the character and the virtues of Sabio but, rather, to correct "what could have been an oversight or lapse of ethical application among members of the esteemed judiciary."
The SC found Sabio guilty of improprieties by breaking the "shield of confidentiality that covers the disposition of cases in the Court in order to preserve and protect the integrity and independence of the Court itself" when he talked with his brother, Presidential Commission on Good Government (PCGG) chairman Camilo Sabio, and with businessman Francis De Borja about the Meralco case.
The high court also noted that Justice Sabio adamantly refused to yield the chairmanship of the Special Ninth Division although its regular chair had returned to duty on June 10, 2008, indicating his undue interest in the case.
While the three-man panel was tasked to investigate and make recommendations on the alleged improprieties of the actions of CA justices embroiled in the Meralco case, it however left to the 15-man tribunal the discretion on what sanctions should be meted on them.
Perito earlier sought the disbarment of Sabio's brother, Camilo, for his attempt to influence his brother "to help" the Government Service Insurance System (GSIS) in its bid to wrest control of Meralco from the Lopezes.
For his judicial interference, Camilo must be investigated and if found to have been liable for violation of legal ethics, he must be perpetually disbarred from the Rolls of Attorney and from the practice of law, said Perito.
In his petition against Justice Sabio, the lawyer said the magistrate should be severely admonished or suspended by the SC from the practice of law for violation of Cannon 13 of the Code of Professional Responsibility for Lawyers, which states that: "A lawyer shall...refrain from any impropriety which tends to influence, or gives appearance of influencing the court."
Furthermore, Perito said Sections 1, 4, and 5, Canon 1 of the New Code of Judicial Conduct for the Philippine Judiciary provide that judges should exercise the judicial function independently and free from extraneous influence, inducement, pressure, threat or interference, direct or indirect from any quarter or for any reason.
"Indeed the so-called closeness among brothers and sisters till their retiring years is a culture where one has to take care of the other, hence there is no quarrel about it. But the Honorable Justice Sabio and PCGG chairman Sabio are lawyers who are bound by their legal ethics, which are the embodiment of all principles of morality and refinement that should govern the conduct of every member of the bar," he said.
He added that while Justice Sabio might not have been influenced by his brother, "but the sagacity was present that could probably melt a brother's heart to understand the brother's request."
"With due respect, this petition is more to show to the public that the courts especially the CA is not at all as negative as it is perceived because of several public suspicions and in sustaining this charge, the undersigned completely relies on the admission of both Sabio brothers and the ruling of the three-man panel as the evidence in this petition," said Perito.
Aside from Sabio's suspension for two months, the SC also dismissed from service CA Associate Justice Vicente Roxas for multiple violations of the canons of the Code of Judicial Conduct, grave misconduct, dishonesty, undue interest, and conduct prejudicial to the best interest of service.
The high court likewise voted to forfeit all of Roxas's benefits, except accrued leave credits if any, with prejudice to his re-employment in any branch or service of the government including government-owned and controlled corporations.
CA Presiding Justice Conrado Vasquez Jr. was severely reprimanded by the SC for his indecisiveness and failed leadership, Associate Justice Bienvenido Reyes meted with a reprimand, while Justice Myrna Dimaranan-Vidal was admonished to be more circumspect in the discharge of her judicial functions.
The SC also referred to the Bar Confidant Camilo Sabio's influencing the judgment of a member of the judiciary in a pending case while the alleged P10- million bribe offer made by de Borja was referred to the Department of Justice. (ECV/Sunnex)
