IBP junks de Lima motion to solve disbarment cases
MANILA — Justice Secretary Leila de Lima’s motion for early resolution of her disbarment cases was dismissed by the Integrated Bar of the Philippines (IBP).
De Lima had asked IBP to summarily dismiss the two cases before the Judicial and Bar Council (JBC) takes a vote on who should be shortlisted for the position of Chief Justice.
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The Justice secretary is one of the 20 nominees who qualified for the televised public interview by the seven-man vetting body last week.
In a statement, IBP spokesman Dennis Habawel said it is now up to the JBC to decide whether to disqualify de Lima considering the pendency of these cases.
The JBC earlier moved to August 2 the date for its members to vote on who among the 20 aspirants for the Chief Justice post should be submitted to President Benigno Aquino III.
“We have adopted a resolution during our Board of Governors meeting held on July 27, basically denying Secretary de Lima’s motions to summarily dismiss the three cases referred to us by the Supreme Court for ‘investigation, report and recommendation,’” the IBP said.
The Board of Governors likewise directed the investigating commissioner to proceed with the formal investigation of the cases in accordance with the rules of disbarment and resolve them with dispatch.
Habawel said such referral by the Supreme Court indicated that the High Tribunal already determined that “there was merit in the complaints justifying a full blown, not a summary investigation.”
He said the IBP shall proceed to “investigate” the cases in keeping with due process of law.
“It is now for the JBC to consider whether or not the pendency of the three cases with IBP for investigation, report and recommendation is a legal ground to disqualify her from being shortlisted for the appointment to CJ,” he added.
De Lima was slapped with two disbarment cases, first after she called then Chief Justice Renato Corona a “walking constitutional crisis,” and the second, for her alleged defiance of the Supreme Court’s November 2011 temporary restraining order on the travel ban against former President Gloria Macapagal-Arroyo.
For her supposed defiance of the Supreme Court-issued TRO, she is also facing contempt cases before the High Court.
In her motion, de Lima asked the IBP to dismiss sans formal investigation the disbarment cases filed by lawyers Agustin Sundiam, Ricardo Rivera and Fernando Perito, saying these were mere nuisance charges in the performance of her official duty as Justice Secretary.
Though she was considered to be one of the front-runners for the top judicial post, the disbarment cases against de Lima was a major thorn in her side since her failure to have the cases dismiss before the JBC takes a vote on August 2 will mean her disqualification.
During the JBC’s public interview on her last July 24, acting JBC chair and Supreme Court justice Diosdado Peralta asked her if she thought she will still have time to have the charges against her resolved or dismissed before the JBC members take a vote on who should be shortlisted.
“If you are appointed and the Integrated Bar of the Philippines’ recommendation whether to dismiss, suspend, disbar will come to the court, can you imagine the problem we will confront if you are the sitting Chief Justice? What are we going to do? Don’t you think that it’s more prudent for us to let us first decide the disbarment before your appointment?” asked Peralta, who noted that disbarment cases involved a “long process.”
It is from the JBC’s shortlist where President Aquino will choose the successor for Corona. The Chief Executive has until August 27 to make his decision.
“I would have wanted that (cases to be dismissed). But it’s beyond my control. I am confident that it would be resolved in my favor, but it’s also unfair for a person like myself to be subjected to that unnecessary process. That’s why I am asking you to look at the grounds (of the complaints). I am confident that it will be thrown out,” said de Lima.
De Lima lamented that she was being vilified despite that she did not willfully defy the Supreme Court’s TRO but a matter of “the former President was trying to leave country prematurely, without consideration of the conditions of the TRO, and the non-service as yet of the notice of TRO.”
Peralta said de Lima gave him the impression that her obedience to the TRO is conditional on her own interpretation of it. He said this was contrary to the normal course of lawyers filing the necessary motions in court to lift the issuance of said orders, in accordance with the rules.
On questioning by Undersecretary Michael Fredrick Musngi, who replaced de Lima in the JBC, and who asked if she had followed the TRO had she received the TRO before the Arroyos reached the airport, she said she would first look at the tenor and language of the order.
“Kung napansin ko na subject to conditions and I had no way of validating at that point, then di ko pa rin yun susundin. At that time, yung perspective ko was that hindi kami masyadong napakinggan bago nag issue ng TRO,” she said.
“If on the face of the order it appears regular, clear in terms and tenor and language then I have no option but to obey,” she added.
While de Lima’s chance in the race for Chief Justice appears dim, Malacanang said the Cabinet official can appeal to the JBC if she will not be included in the short list of nominees for the next Chief Justice.
Last Friday, de Lima wrote to the JBC explaining why she should not be disqualified from the short list on the basis of a pending disbarment case against her.
“She believes strongly that the disbarment case was politically motivated and hence, it is her right to state so and ask the JBC to consider that in the light of the letter that should be considered as one of the candidates and not be disqualified immediately from selection,” presidential spokesperson Edwin Lacierda said Monday.
Lacierda said while President Aquino earlier stated that he preferred de Lima as Justice Secretary, the administration would welcome her as replacement for Corona.
“We’re very happy with her being our Secretary of Justice. We’re very comfortable with her. Either way, we would certainly welcome her — she be the Chief Justice, she be the DOJ (Secretary),” he said.
He said, however, that de Lima’s appointment to Chief Justice post still lies in the hands of the JBC.
“We will leave it with the JBC to determine in its discretion the validity and weight of the letter of Justice Secretary Leila de Lima,” he said.
Malacanang also said the President will follow what is required of him by the Constitution in choosing the top most official in the judiciary amid issue on the constitutionality of the eight-man composition of the JBC.
“As far as the Constitution requires, you have to pick from the shortlist,” said Lacierda.
“But I don’t know if the Supreme Court will be able to render a resolution on the JBC composition. My understanding is the congressional leaders will file a motion for reconsideration on the judgment by the Supreme Court — decision rendered by the Supreme Court. So we don’t know yet how long that will take. There is an en banc tomorrow but I don’t know if they are going to file it in time,” he added.
Senator Francis Escudero and Iloilo Representative Niel Tupas had decided to inhibit from the deliberation of the JBC pending the decision of the Supreme Court on their appeal for Congress’ dual-representation in the JBC.
The Supreme Court granted the petition of former Solicitor General Francisco Chavez to declare the eight-man composition of the JBC as unconstitutional.
Chavez cited first paragraph of Section 8 of Article VIII of the 1987 Constitution, which said Congress is entitled to only “a member” in the JBC.
JBC member Jose Mejia said the voting for the next Chief Justice will push through next week even without Congress representative.
President Aquino has until August 27 to decide on who will replace Corona, who was ousted last May 29 for betrayal of public trust and culpable violation of the Constitution for not truthfully disclosing his assets and net worth.
http://www.sunstar.com.ph/manila/local-news/2012/07/30/ibp-junks-de-lima-motion-solve-disbarment-cases-234848
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