Faced with a potential criminal case, an appellate justices' brother who was dragged into the irregularities surrounding the Court of Appeal's handling of a corporate case, left the country Thursday.

Camilo Sabio, the brother of controversial Court of Appeals Justice, Jose Sabio, Jr., left for Brazil via Hongkong on a 5:55pm Cathay Pacific flight with his wife. They were earlier booked on the 11 am flight.

In an interview with ABS-CBN News at the Manila airport Thursday, Camilo, who is also the Chairman of the Presidential Commission on Good Government (PCGG), said he is attending a meeting of an international law organization in the Latin American country.

He said he has no intention of escaping and is ready to support the ongoing Supreme Court investigation on how the second highest court in the country handled the case of Manila Electric Co. (Meralco). Two of Meralco's major shareholders, the Lopez family and the Government Service Insurance System (GSIS) are in a bitter squabble over the control of the biggest power utility in the Philippines.

The Supreme Court will wrap up its investigation by August 21. Camilo, however, said he will be back by August 31.

Two phone calls

Justice Jose Sabio, Jr., the acting chairman of the division that originally handled the Meralco case, unwittingly dragged his older brother's name as he tried to explain the events leading to the alleged July 1 P10 million bribe offer by a businessman whom he referred to as an emissary of the Lopez family who currently controls Meralco. The Lopezes have denied attempting to bribe the justice.

Justice Jose first mentioned older brother Camilo in his July 25 letter to the Court of Appeal's Presiding Justice where he explained the circumstances surrounding the tug-of-war between him and other appellate justices handling the Meralco case.

As a prelude to his reasons for not considering the P10 million bribe offer, he mentioned that Camilo called him on May 30 purportedly to influence the justice to favor GSIS, which, at that time, had the upper hand since the Securities and Exchange Commission issued a stay order against the Meralco board.

Camilo called Justice Jose at 8am, two hours before the scheduled 10am assignment of the Meralco case to an acting chairman of the Special Ninth Division.

In that letter, Justice Jose stressed that he told his brother that he would not be influenced by anyone and that he would vote according to his conscience. That same day, the Special Ninth Division Issued a Temporary Restraining Order in favor of Meralco.

Apparently, PCGG Chairman Camilo called Justice Sabio twice. The second call came after the Eighth Division, which was reconstituted after a court re-organization, handed down a decision on July 23.

In his affidavit to the Supreme Court, Justice Sabio said Camilo was inquiring why he was not among the justices in the division that issued the decision, which favored Meralco.

Criminal cases

During the investigation at the Supreme Court, retired Justice Romeo Callejo Sr, one of the three members of the investigating panel, first raised the red flag on the two conversations between the brothers.

Callejo reprimanded Justice Jose, who is an ethics professor in a law school, for not recognizing that the phone calls crossed ethical lines. Callejo had to remind Justice Sabio that Camilo had nothing to do with the case so he had no business intervening in it.

Callejo also pointed out that the brothers might have also committed criminal acts.

As a government official, Camilo should not be attempting to influence the courts. According to Article 243 of the Revised Penal Code, "Any executive officer who shall address any order or suggestion to any judicial authority with respect to any case or business coming within the exclusive jurisdiction of the courts of justice shall suffer the penalty of arresto mayor and a fine."

As for Justice Sabio, not reporting the phone calls from his brother might hold him criminally liable based on PD 1829, which refers to the crime of Obstruction of Apprehension and Prosecution of Criminal Offenders.

Malacanang's blessing?
 
As a government official who chairs the PCGG, Camilo is required to obtain a Travel Authority from Malacanang, specifically from the Office of the Executive Secretary headed by Eduardo Ermita. 

In a press briefing Wednesday, Ermita said Camilo is just waiting for the proper forum to explain what were behind the exposed phone calls to his magistrate brother.

Camilo visited Malacanang that Wednesday. The next day, he was off to Brazil.

(abs-cbnNEWS.com is the online news department of ABS-CBN Interactive Inc., a subsidiary of ABS-CBN Broadcasting Corp., part of the Lopez Group of Companies.)