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Thursday, January 13, 2005
Sandigan judge told: Prove 'failing health' claim
By Benjamin B. Pulta
MANILA -- The Supreme Court (SC) has given Sandiganbayan magistrate Edilberto Sandoval 10 days to pursue his claim of failing health as stated in his resignation letter.
In a two-page resolution, the SC, through Clerk of Court Luzviminda D. Puno, ruled "to defer action" on Justice Sandoval's resignation as member of the Special Sandiganbayan Division until he is able to satisfactorily prove his inability to perform his duties.
"In the meantime, he shall continue to sit as member of the special division," the SC said.
The SC, under an administrative order issued by the High Court on Jan. 21, 2002, said the High Court has decreed that the presiding justice of the Sandiganbayan should be the chairman of the special division.
Sandoval, at the time, was "acting presiding justice" of the Sandiganbayan and was thus named as chairman of the special division trying former president Joseph Estrada for plunder and perjury.
The SC explained that as a matter of course, since Sandiganbayan Justice Teresita Leonardo de Castro, not Sandoval, was appointed as presiding justice of the Sandigabayan last December 15 by the President, she must also assume the chairmanship replacing Sandoval in the special division trying Estrada.
Senior SC Associate Justice Artemio Panganiban said sanctions await Sandoval "if he refuses to obey the order of the court" to resume his position.
During a press briefing, which was also attended by Chief Justice Hilario G. Davide Jr., Pangaiban said Sandoval did not officially state in his resignation letter that he was quitting over the anti-graft court's decision to grant of Estrada's motion for a house arrest and to travel abroad for knee surgery.
In a 54-page petition for certiorari and a three-paged urgent motion to raffle the case at the High Court, Special Prosecutor Dennis Villaignacio had asked that Estrada not be allowed to leave the country, citing the "risk of flight" was high.
The plea, however, was filed while the SC had already declared a recess for the holidays, which ended Wednesday.
Villaignacio, in his suit, said there is clearly no legal basis to allow Estrada, who is detained for a capital offense, to travel abroad and insisted that the ousted president's medical treatment is not an absolute right applicable to him.
(January 13, 2005 issue)
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