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Wednesday, February 03, 2005
Supreme Court nixes anti-graft judge's plea to step down
By Benjamin B. Pulta
MANILA -- The Supreme Court (SC) has turned down anti-graft court magistrate Edilberto Sandoval's pleas to be excused from hearing the case of deposed President Joseph Estrada.
In a resolution dated February 1, 2005, the High Court, through Clerk of Court Luzviminda D. Puno, said it has resolved to deny Sandoval's request "for lack of merit."
Associate Justice Antonio Carpio took no part in the ruling.
The SC also noted "without action" the compliance filed by Sandoval to the court's requirement for him to prove his failing health, the reason he cited for his request to be allowed to step down from the Sandiganbayan.
Earlier in the day, a beaming Sandoval, in the pink of health, showed up and was the guest of honor in a function before the Vanguards of the Constitution Wednesday at the Pan-Pacific Hotel where he said he will comply with whatever decision the SC makes on his request.
Facing reporters during the function, Sandoval declined to elaborate on his claim of health issues but said he was suffering "chronic vertigo", "dizziness", and "vomiting" since November of last year.
The SC ruling released Wednesday also noted pleas filed by Estrada's lawyers asking that the High Tribunal set the rules or guidelines on how to deal with temporary or permanent vacancies in the special division.
The Estrada defense team headed by former Senator Rene Saguisag had urged the SC "that no walk-in warm body be allowed to join it in this lethal injection case".
The Estrada lawyers also requested that any permanent replacement be chosen by raffle with notice to Estrada's side.
The SC earlier ruled "to defer action" on Justice Sandoval's resignation as a member of the special Sandiganbayan division until he shall be able to satisfactorily prove his inability to perform his duties.
The ruling has also claimed that under an administrative order issued by the High Court on January 21, 2002, the High Court has decreed that the presiding justice of the Sandiganbayan should be the chairman of the special division.
Sandoval, at that time, was the "acting presiding justice" of the Sandiganbayan and was thus named as "chairman" of the special division trying former President Estrada for alleged 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.
(February 3, 2005 issue)
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