Tuesday
09Sep
SC panel finds five CA justices violated ethics in Meralco-GSIS case
September 9, 2008 The Supreme Court is set to tackle in its en banc session Tuesday
the findings of the panel tasked to investigate the controversy at the
Court of Appeals (CA) on the Manila Electric Co. (Meralco) – Government
Service Insurance System (GSIS) case.
The panel’s findings reportedly showed irregularities and
improprieties committed by five CA justices involved in the controversy.
In a 59-page report submitted by the panel to the SC, it said
irregularities and improprieties were committed by CA Justices Jose
Sabio, Presiding Justice Conrado Vasquez, Vicente Roxas, Bienvenido
Reyes and Myrna Vidal.
In the panel’s findings, it reportedly stated that Justice Sabio’s
unusual interest in holding on to the Meralco case seemed to indicate
that he may have been influenced “to help GSIS” since his brother,
Presidential Commission on Good Government chairman Camilo Sabio,
advised him to do so.
The panel said Sabio violated the new Code of Judicial Conduct for
the judiciary when he allowed his brother to influence his conduct on
the Meralco case. The report added that Justice Sabio was also remiss
in his duty to inform the CA presiding justice about his brother’s
unethical phone call.
The 3-man panel formed by retired SC justices also castigated
Justice Sabio for discussing the Meralco case with businessman Francis
de Borja, which the panel said was highly inappropriate and indiscreet,
adding it broke the shield of “confidentiality” on the disposition of
cases in court.
The SC panel, however, gave more weight to Justice Sabio’s story
about de Borja’s alleged P10-million bribe offer on behalf of Meralco,
saying Sabio’s disclosure on the bribery attempt to Presiding Justice
Vasquez contradicted de Borja’s claim that the justice asked for a
counter-offer of P50 million from Meralco instead.
The panel believes that if de Borja’s claim was true, Sabio would have waited for Meralco’s reply to his counter-offer.
Still, the panel said in its report that Justice Sabio was remiss
in his duty to make a full disclosure of the bribery attempt when he
withheld the name of de Borja as the one who offered a bribe.
The panel’s findings also hit at Presiding Justice Vasquez’s
failed leadership as CA head, citing his hesitation, indecisiveness and
lack of action on the issue.
The panel found appalling Presiding Justice Vasquez’s silence,
inaction and indifference on the reported attempt to corrupt a member
of the CA.
The panel, meantime, found Justice Reyes discourteous to Vasquez
because he did not wait for the presiding justice’s action on his
letter to settle the ongoing row on the handling of the Meralco case
and ended up signing the decision already.
Justice Myrna Vidal meanwhile was found too compliant for
allowing herself to be rushed into signing the first version of the
Meralco decision even without reading the parties’ memoranda and
without any deliberation on the case.
The panel’s findings, however, were most harsh on the one who wrote the Meralco decision.
It cited as irregular and improper Roxas’s inaction as ponente on several motions of the parties.
The panel called Roxas dishonest and untruthful when he allegedly
fabricated a transcript of the deliberation on the Meralco case and
claimed there were a number of deliberations on the case.
The panel also said Roxas was disrespectful to his colleagues,
Justices Vidal and Presiding Justice Vasquez , in pushing for the
promulgation of the Meralco decision.









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