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Wednesday, January 12, 2005
SC bucks quitting of judge trying Estrada case
By Benjamin B. Pulta and Jonathan F. Fernandez
MANILA -- The Supreme Court (SC) on Tuesday turned down the resignation of Associate Justice Edilberto Sandoval, presiding justice of the Sandiganbayan Special Division trying the plunder case of former President Joseph Estrada.
At the end of an en banc session lasting for hours, well-placed sources in the SC confirmed the High Tribunal decided to disallow Sandoval's resignation over his apparent "failure to substantiate his claim of failing health."
However, no copy of the formal order, supposedly to be served Wednesday to the Sandiganbayan anti-graft court, turning down the resignation was made available to the media.
Under the Code of Judicial Conduct, a magistrate is given limited leeway and few situations on when he could take no part in proceedings, and none of these seem applicable to Sandoval's decision to withdraw from the case.
An example is when a magistrate's impartiality might reasonably be questioned.
Other instances include cases where the judge has personal bias or prejudice concerning a part, or personal knowledge of disputed facts related to the proceeding; served as executor, administrator, guardian, trustee or lawyer in the case or matters in controversy, or a former associate of the judge served as counsel during their association; or the judge or lawyer was a material witness.
The judge is also allowed to withdraw from the case when the judge's ruling in a lower court is the subject of review; when the judge is related by consanguinity or affinity to a party litigant within the sixth degree or to counsel within the fourth degree; or when he knows that the judge's spouse or child has a financial interest, as heir, legatee, creditor, fiduciary, or otherwise, in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding.
Although Sandoval cited failing health as reason for his resignations, there are reports he resigned over the anti-graft court's decision to grant Estrada's motion for a house arrest and to travel abroad for a knee surgery.
Estrada, who is still in Hong Kong following his knee surgery, had asked that his stay be extended to allow him to recuperate first.
He is hoping that the Sandiganbayan can rule on his petition before Saturday, which was the schedule given to him by the anti-graft court to return to the country.
The former president's spokesman, Didagen Dilangalen, said they urged the court to resolve the request ahead of the January 15 deadline because if not, Estrada will be forced to go home to avoid possible contempt charges, even if he has not completely recovered from his knee replacement surgery.
"We have no choice but to bring Estrada back because he will be jailed once he does not return on January 15 for defying the court order," he said.
Estrada's doctor, Christopher Mow, asked the Sandiganbayan to allow Estrada to stay for six days more in Hong Kong to give him time to recuperate.
Mow also requested the court to let Estrada stay in his house in Greenhills, San Juan for two months upon his return because there is a hospital nearby where he could undergo medical check-up regularly unlike in Camp Capinpin, Tanay, Rizal.
The petitions are pending before the sala of Sandoval.
(January 12, 2005 issue)
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