BY JP LOPEZ
MALAYA
SENATORS Franklin Drilon and Francis Pangilinan yesterday asked Chief Justice Renato Corona to inhibit himself in cases involving Gloria Arroyo who is facing the non-bailable case of electoral sabotage, among others.
Drilon, at the weekly Kapihan sa Senado, cited four reasons Corona should inhibit.
First, he said, Corona served as Arroyo’s chief of staff and spokesman when she was the vice president. As chief of staff, Corona “had to take positions that required him to engage in partisan politics,” he said.
Second is that Corona was called a “midnight appointee” and his appointment to the high court by Arroyo “created a lot of controversy,” Drilon said.
“Of course, this has been legally affirmed by the Supreme Court itself, but nevertheless, in the public perception, in the bar of public opinion, it cannot be denied that this appointment as Chief Justice in May 2010 would create the impression in the public mind that he is a favored Justice of former President Gloria Macapagal Arroyo,” he said.
The third reason, Drilon said, is that Corona’s record as chief justice “is untarnished by any vote against the policies of Gloria Macapagal Arroyo.”
“He was, consistently without fail, supporting GMA in all the cases that came before the Supreme Court involving then President GMA during the tenure of the former president when cases came up before the Supreme Court,” he said.
“Fourth, of course again this perception that there is personal animosity and disappointment by Chief Justice Renato Corona when it was Justice Conchita Carpio-Morales who was asked to administer the oath of the President (Aquino). Regardless of all the denials, tao lang naman si Chief Justice, siyempre nasaktan ‘yun when the President did not ask him to administer the oath,” he said.
Drilon said the “voluntary inhibition” of Corona would “certainly erase all doubts about the impartiality of the Supreme Court.”
Pangilinan said Corona’s inhibition “will help spare the Supreme Court from doubts that, under Corona’s leadership, it is biased in favor of the former president and first gentleman.”
It will also “ease the public’s mind as to where the SC’s loyalty lies,” he said.
Corona, at the continuation of oral arguments at the Supreme Court, asked Solicitor General Jose Anselmo Cadiz about current officials who might be charged by succeeding administrations.
“Supposing in six or seven years, how do you think should the court protect the rights of present officials who are being hounded by their political enemies?”
Cadiz replied: “This is not about vengeance. This is about accountability.”
The oral arguments were about the validity of the government’s decision to reject Arroyo’s travel request, and the validity of watch list orders issued by Justice Secretary Leila de Lima on Arroyo, based on the DOJ circular No. 41 issued during Arroyo’s time.
Cadiz said the courts are mandated to protect the Constitution, but the protection of the Bill of Rights under the charter must be balanced with the interest of the state.
Associate Justice Roberto Abad also had a heated exchange with Cadiz after the magistrate suggested that the state lawyer should just ask allies in Congress to pass a law expressly giving the secretary of Justice the power to issue watch list orders (WLOs) and hold-departure orders (HDOs).
“Wala pang kaso kay GMA, but she has to be prosecuted. That is valid, but you are making the secretary of justice a judge. It would not have mattered if tomorrow you will sway over your legislative allies to pass a law, then there is no problem. Ang mahalaga, neutral ang judge. (With De Lima), paano na ang presumption of innocence?” he said.
Abad further said that in a preliminary investigation, a respondent does not need to have a lawyer. Neither can the court compel an accused to testify. This is because an accused has the constitutional right to silence, he said.
“He can refuse to take the witness stand, he can refuse to say anything. So the secretary of justice has no power to compel the respondent to testify,” Abad further said.
Abad asked De Lima to clarify news reports attributed to her stating that the former President will be behind bars by Christmas. De Lima, who was beside Cadiz at the defense panel, claimed she was misquoted by media.
Abad said while he agreed there is a need for a mechanism for the government to prevent persons who are facing possible criminal prosecution from fleeing, the method resorted to by the DOJ in Arroyo’s case was defective.
Cadiz responded, saying there was no evidence showing that the prosecution was biased when it recommended that Arroyo be indicted.
Sen. Miriam Defensor Santiago filed Senate Bill No. 3069 which mandates the Department of Justice to apply with the regional trial court for the issuance of a hold departure order against an accused person under preliminary investigation.
If approved, the measure will in effect nullify Circular No. 41. – With Evangeline de Vera
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