Leaks in Court of Appeals violate confidentiality
Aries C. Rufo, abs-cbnNEWS.com/Newsbreak | 08/15/2008 3:42 PM
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What has been known all along but only talked about in whispers in the corridors of justice was today at the center of the Supreme Court probe on the alleged bribery in the Court of Appeals.
Panel member former Justice Romeo Callejo Sr. expressed concern that parties, including those who are not involved in a case, have prior or advance information on court actions, which violates confidentiality.
This was brought to the fore following today’s testimony of CA associate Justice Vicente Roxas that he personally prepared the temporary restraining order against the Securities and Exchange Commission from interfering into the corporate dispute between the Lopez family and the Government Service Insurance System over power distributor Meralco.
But it appears there were others who knew that the TRO was in order.
CA Justice Jose Sabio who blew the whistle on an alleged P10 million bribe offer in connection with the case, said in his affidavit that his brother Camilo Sabio, chair of the Presidential Commission on Good Government chair, called him up at around 8 a.m. on May 30 to convince him of the “rightness” of the GSIS and the SEC’s stand in the Meralco case.
But at the time of the call, the raffle to replace Associate Justice Bienvenido Reyes in the 8th division had not yet taken place. The job eventually landed on Sabio’s lap, who was tapped as acting chair of the 8th division. The 8th division was the original division which handled the Meralco case.
It also appeared that Camilo Sabio knew that a TRO was already being prepared.
Who’s the source?
Callejo said he was “concerned” that Camilo “had information that a TRO was being prepared which implies that there is leakage somewhere.” The TRO was issued in the afternoon of May 30.
“From whom did he learn that?” Callejo asked
This gap, Callejo said, all the more makes it necessary for Camilo to appear in the hearing and explain the circumstances of his advance information.
Camilo yesterday left the country as the panel issued a subpoena for his appearance in the hearing.
In a letter submitted to the panel, Ermin Ernest Miguel, PCGG legal department director, informed the SC panel chaired by former Justice Carolina Grino-Aquino that Camilo would be out of the country from Aug. 14 to 30 on official business. The letter said Camilo would be conferring with the government counsel on the RP versus Pimentel case in the US, then fly to Rio de Janeiro in Brazil to attend the 73rd biennial conference of the International Law Association where he is vice-chair. Camilo asked the panel that his appearance be scheduled after Aug. 31.
Miguel also told the panel that Camilo will also proceed to Sao, Paulo, Brazil, to attend the Biodiesel Congress there, in his capacity as chair of the Coconut Industry Investment Fund-Oil Mills.
But the SC panel has only until Aug. 21 to wrap up its probe, as imposed by the High Court. This prompted Callejo to order Miguel to contact his boss and inform to return to the country.
“It is his and his brother’s name and reputation that is at stake here. Which is more important?” Callejo said.
Roxas’s fault
Meanwhile, despite his self-proclaimed efficiency and knowing the Internal Rules of the CA by heart, Roxas appeared to have committed infractions in observing the IRCA.
Grilled by panel member Justices Flerida Ruth Romero and Aquino, Roxas admitted that he failed to prepare reports in the meetings and deliberations the justices held on the Meralco case.
Sec. 9 of the IRCA mandates the division chair to call for meetings and deliberations and the preparation of reports from such proceedings. “There should be a written report followed by the decision,” noted Romero.
“This procedure is not followed in practice,” Roxas replied.
