CA scandal shocks lawyers

By Francis Allan L. Angelo

THE Integrated Bar of the Philippines (IBP)-Iloilo chapter said their trust in the Court of Appeals (CA) was shaken in the light of the bribery scandal that rocked the second highest court of the country.

Atty. Virgilio Teruel, IBP-Iloilo president, said their respect for the CA as an institution was diminished after the Supreme Court uncovered the bribery scam relative to the Meralco ownership case.

“Our trust in the integrity, honesty and professionalism of CA justices was shaken when we learned of the SC findings and decision. We are dismayed because the CA ought to carry the image of the judiciary with integrity,” Teruel said.

Teruel said the SC decision only worsened the sagging image of the judiciary “but we are happy because the high tribunal acted swiftly on the scandal.”

The SC earlier dismissed CA Associate Justice Vicente Roxas and suspended Associate Justice Jose Sabio Jr. for violating the Code of Judicial Conduct.

The high tribunal reprimanded CA Presiding Justice Conrado Vasquez for his failed leadership in handling the bribery case.

The SC also admonished Justice Myrna Dimaranan-Vidal for allowing herself to be rushed by Justice Roxas to sign the July 8, 2008 decision granting Meralco’s request for a temporary restraining order, which allowed the election of a new board and the Lopez family to maintain control of Meralco.

As for CA Justice Bienvenido Reyes, the SC found him guilty of simple misconduct. He was reprimanded and given a stern warning.

The SC called on the Department of Justice to conduct a preliminary investigation of businessman Francis de Borja, who allegedly tried to bribe Justice Sabio with P10 million so that another justice can handle the Meralco-GSIS case.

With respect to Presidential Commission on Good Government (PCGG) Chairman Camilo Sabio, the SC directed the Office of the Bar Confidant to conduct disbarment proceedings against Camilo for trying to influence his brother, Jose, to support the GSIS in its battle for control of Meralco.

Teruel said they will call a special meeting to discuss the SC decision on the CA bribery scandal.

In Manila, the IBP national chapter said they are not satisfied with the sanctions imposed by the SC on the erring CA justices.

The group also called on the four appellate court justice to resign out of delicadeza.

IBP national president Feliciano Bautista said the justices should voluntarily quit to preserve the integrity of the CA.

SC spokesman Jose Midas Marquez, meanwhile, said the high court is now expecting the CA to address lapses in its procedures in handling cases.

“Definitely, in the hearings it was shown there were gaps in their internal rules, and that’s why we are expecting that the Court of Appeals–they have their own committee to draft these internal rules—we’re hoping they will be addressing these gaps. In the meantime, the Supreme Court is also going to look at what happened here and we’ll also be imposing some rules for the Court of Appeals,” Marquez said.

Iloilo Capitol salary increase hangs

By Francis Allan L. Angelo

CAPITOL employees will have to wait for sometime before they can enjoy the 10 percent increase in their salaries.

Governor Niel Tupas Sr. said he will not veto Appropriations Ordinance No. 2-2008 passed by the Sangguniang Panlalawigan Tuesday.

But the governor said he will not sign the measure and will wait for the Department of Budget and Management (DBM) to rule on the legality of the ordinance.

AO No. 2 authorizes the governor to use some P37 million for the salary increase of Capitol workers.

Even if the governor does not act on the appropriations ordinance, it will take effect a5 days after Tupas received a copy of the measure.

Tupas said he cannot put his imprimatur on the ordinance “because it is illegal.”

“I cannot implement this ordinance because what I submitted was a supplemental budget,” the governor said.

Vice Governor Rolex Suplico said the Sanggunian did not approve Supplemental Budget No. 1 because the Local Government Code prohibits such measures under a reenacted budget.

Suplico said they passed AO No. 2 in keeping with Executive Order 719 which ordered the 10 percent salary increase for government workers.

Board Member Rodolfo Cabado, who abstained from voting on AO No. 2, said he supports any moves to increase the salary of capitol workers “but this ordinance has legal infirmities.”

Cabado brokered the executive meeting between the Tupas, Suplico, the board members and DBM assistant regional director Alfonso Bedonia in an effort to thresh out the budget impassé.

A ranking official of the Department of Interior and Local Government (DILG-6) said only the governor can propose budgets which will be deliberated and approved by the Sanggunian.

As regards the case of the Capitol, the DILG executive said Tupas should have submitted an annual budget instead of a supplemental budget.

Capitol employees said they will wait for the results of the DBM review on AO No. 2 even as they hope to receive their salary differential beginning July 1.

“At least the Sanggunian approved the ordinance and the governor did not veto it. We can still wait some more until the DBM reviews the ordinance,” an employee said.

The budget impassé was triggered by the decision of the DBM to declare the 2008 budget as inoperative. The DBM ruling forced the provincial government to operate using the reenacted 2007 budget which is not enough to cover the 10 percent salary increase.

P500M for Panay rehab so far

By Francis Allan L. Angelo

MORE than P500 million has been set aside for the rehabilitation of Panay Island in the aftermath of the destructive flood brought about by typhoon Frank more than two months ago.

Justice Secretary Raul Gonzalez Sr., chair of Task Force Panay, said a total of P540 million has been allocated for the island but more money is needed.

President Gloria Arroyo designated Gonzalez as TF Panay chair in his capacity as the Cabinet officer for regional development (CORD). Presidential assistant for Panay and Guimaras Raul Banias, who once chaired the task force, acts as operations officer of TF Panay.

Aside from the P540-million fund, Gonzalez said the national government, through various agencies, has released money for post-typhoon Frank relief and recovery operations.

Gonzalez said the P540-million fund will be released through agencies such as the Departments of Agriculture and Public Works and Highways.

Some P10 billion is needed to fully rehabilitate typhoon-ravaged areas in Panay, according to estimates by the national government.

The National Disaster Coordinating Council said the cost of devastation wrought by the typhoon in Region 6 reached P11.546 billion as of July 7. The agriculture sector suffered P7.57 billion in damages while some P3.96 billion worth of infrastructure were destroyed.

Aklan and Iloilo accounted for the most damage to agricultural products at over P5 billion. Damages to roads and bridges raced over P2 billion.

Gonzalez said Congress has formed a technical working group which will study additional rehabilitation fund for Panay.

Ombud exonerates CIDG chief

By Francis Allan L. Angelo

THE Deputy Ombudsman for the Military and Other Law Enforcement Offices (DOMOLEO) trashed the administrative charge against the regional chief of the Criminal Investigation and Detection Group (CIDG) relative to the brutal murder of businessman Francisco “Bobby” Tan, his wife and minor daughter.

In a six-page order, the DOMOLEO dismissed the grave abuse of authority suit filed by Conchita Tan against Supt. Renato Gumban.

Conchita had claimed that Gumban conspired with the Zayco family in kidnapping the five surviving minor children of the Tan couple and illegally detaining them in Kabankalan City, Negros Occidental.

Conchita filed the case sometime in 2006 and was docketed as case number OMB-P-A06-0107-A.

The Ombudsman dismissed the administrative complaint against Gumban because the petition for habeas corpus and issuance of letters of guardianship filed by Conchita Tan (where Gumban and the Zaycos were named respondents) was dismissed by the Regional Trial Court Branch 30 on August 23, 2006.

RTC Branch 30 said that the Tan children, by their testimonies in court, sworn statements and the psychiatric evaluation by a court-appointed psychiatrist, voluntarily went with their Zayco relatives to Kabankalan on January 19, 2006. The children also proved that they were never abducted and brainwashed by any of the respondents.

Based on these facts and “most especially, the findings of the Court which heard the petition for habeas corpus and letters of guardianship would lead to no other conclusion than that of the innocence of the respondent and the regularity of his action as a peace officer,” the Ombudsman said.

It added: “There is, thus, no further need to emphasize the absence of any administrative infraction by the respondent during the supposed kidnapping incident. The accusations against (Gumban) were all belied by the findings of the Court and the supposed victims themselves.”

The Ombudsman likewise lifted the preventive suspension order earlier issued against Gumban while resolving the latter’s motion for reconsideration. It likewise directed PNP chief Director General Avelino Razon to cease and desist from implementing the preventive suspension.

The order was issued by Graft Investigation and Prosecution Officer Dennis L. Garcia and concurred by OIC Director Eulogio S. Cecilio and was approved by Ombudsman Ma. Merceditas N. Gutierrez.

Atty. Cornelio P. Panes defended Gumban in the administrative case.