Probe result on leaked SC draft decision out soon: spokesman
abs-cbnNEWS.com | 01/12/2009 12:22 PM
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The investigation on how a draft Supreme Court (SC) decision involving the election dispute in the first district of Negros Oriental was leaked to one of the litigants will be concluded soon, the court's spokesman said.
In an interview with dzMM Monday, SC spokesman Midas Marquez said the panel formed by the SC to investigate the leak has held two hearings, and the probe could finish its work this week.
"The Supreme Court formed a panel to investigate the leak. They held two hearings and invited the justices and their staff. The investigation is continuing. Perhaps, within the week, the investigation will be finished," he said.
The case involves the leaked draft decision of recently-retired SC Justice Ruben Reyes on the petition of Olivia Paras to unseat Congresswoman Jocelyn Limkaichong of the first district of Negros Oriental. She and an ally, Louis Biraogo, had asked the SC to oust Limkaichong since is allegedly not a natural-born Filipino, a requirement for public office. Paras lost to Limkaichong in the 2007 district elections by over 7,000 votes.
In his draft decision, Reyes nullified the proclamation of Limkaichong, but nine out of the 14 justices concurred only "in the result," not on the bases and facts used to make the decision. This delayed the promulgation of the draft decision.
However, the draft decision was leaked to Biraogo who then made it public and pressed SC Chief Justice Reynato Puno to release the decision.
Marquez said petitioner Biraogo "is from Laguna" and has "never resided in Negros Oriental."
"So in our resolution last December, we directed Mr. Birago to show cause why he should not be held in contempt for issuing those statements, for releasing those confidential documents. He complied on December 23," he said.
"A draft, whether signed or unsigned, remains a draft until promulgated. It has to be promulgated before we can call it a decision. So the leak was just a draft. It’s not yet a decision," Marquez said.
