CORONA, VILLA-IGNACIO NOMINATED AS SC CHIEF / DEBATE ON C-5
REPORT SET
MANILA,
FEBRUARY 2, 2010
(STAR) By Edu Punay - Two more names were submitted
yesterday to the Judicial and Bar Council (JBC) as possible replacement of Chief
Justice Reynato Puno after he retires on May 17.
Associate Justice Renato Corona, the second most senior magistrate in the Supreme Court, and Special Prosecutor Dennis Villa-Ignacio of the Office of the Ombudsman, who led the prosecution team that won the plunder conviction of deposed President Joseph Estrada, were nominated for the chief justice post, respectively, by retired Judge Hector Corpus and Ombudsman Simeon Marcelo.
In his letter, Corpus told JBC he believes that Corona is “a magistrate par excellence” who has “highest degree of efficiency, integrity and responsibility.”
He said the justice’s decisions are “shining testimonies not only of his intelligence, but his character as well.”
“And among us lawyers in the private arena, nary a whisper of derogatory word, much less one voiced aloud, has been spoken of Justice Corona as a private individual or member of the highest court of the land,” Corpus said.
“With his qualities and achievements, I am sure that he will be an effective chief justice of this Court.”
This is already the second nomination for Justice Corona for the chief justice post. The first was the automatic nomination for being one of the five most senior magistrates in the Court, following JBC tradition.
He, however, has yet to manifest whether he would accept or decline the nominations.
Corona, acknowledged as one of the youngest SC magistrates ever, was appointed to the High Tribunal on April 9, 2002. He finished his Bachelor of Laws at the Ateneo Law School in 1974.
After law school, Corona pursued the Master of Business Administration course at the Ateneo Professional Schools. He finished his Master of Laws degree at the Harvard Law School in 1982.
Born on Oct. 15, 1948 in Tanauan City, Corona served as special counsel at the Development Bank of the Philippines, senior vice-president and general counsel of the Commercial Bank of Manila and senior officer of the Tax and Corporate Counseling Group of the Tax Division of Sycip Gorres and Velayo (SGV & Co.).
In 1992, he was invited to join the administration of then President Fidel Ramos as assistant executive secretary for legal affairs, concurrently head of the Malacañang Legal Office. Two years later, he was promoted to Deputy Executive Secretary and later Presidential Legal Counsel and member of the Cabinet.
Before his appointment to the SC, Corona served as Mrs. Arroyo’s chief of staff and spokesperson.
Capable and qualified
Villa-Ignacio is also qualified for the chief justice post, Marcelo said in a one-page recommendation letter to the JBC.
“He is most capable to lead the Supreme Court and will be an exemplar for the judiciary. He also has none of the disqualifications provided by the Constitution and the laws for the said position,” Marcelo stressed.
The former Ombudsman also submitted to the JBC the acceptance of nomination by Villa-Ignacio.
But just like two other senior magistrates of the SC being considered for the post - Senior Associate Justice Antonio Carpio and Associate Justice Conchita Carpio-Morales - Villa-Ignacio said he accepts the nomination on the belief that it would be “submitted to the next president of the Philippines considering the ban on the incumbent president.”
He said the acceptance letter he submitted is basically a statement of support to the opinion expressed by various groups on the issue.
“That the nominations, if ever considered by the JBC, should be endorsed to the next president. That is based on very clear wordings of the Constitution,” Villa-Ignacio told The STAR.
He said he is very much honored by the nomination but “would always defer and observe the time honored tradition to give preference to the most senior member of the tribunal if there is no compelling reason to set it aside.”
Villa-Ignacio’s seven-year term as head of the prosecutorial arm of the Office of the Ombudsman will end on Feb. 14, 2010.
Those vying for the position he will vacate include Deputy Special Prosecutor I Robert Kallos, who is also chief of the Appellate Special Action Bureau (ASAB), Deputy Special Prosecutor II Jesus Micael, Deputy Special Prosecutor III and Case Assessment Review and Reinvestigation Bureau (CARRIB) and Administrative Division chief Wendell Sulit, and Assistant Special Prosecutor III Hazelina Militante.
In separate letters to the JBC last week, Justices Carpio and Morales both accepted their nomination to the imminent vacancy but on condition that the appointment would be made by the next elected president.
Both of them cited Article VII Section 15 of the Constitution, the provision being insisted by those opposed to a proposal to allow President Arroyo to appoint the successor of Chief Justice Puno.
SC administrator and spokesman Midas Marquez said the JBC took note of the letter of Justices Carpio and Morales.
Marquez said the JBC also accepted yesterday the opinions submitted by various groups on the debate over the proposal to allow Mrs. Arroyo to appoint the next chief justice.
The two other magistrates who got automatic nomination for the post - Associate Justices Presbitero Velasco Jr. and Antonio Eduardo Nachura - have already declined.
The JBC has set on Feb. 4 the deadline for submission of nominations and application for the post.
National interest at stake
Meanwhile, President Arroyo may opt to immediately appoint Puno’s successor due to “overriding national interest.”
Deputy presidential spokesman Gary Olivar said Mrs. Arroyo would make a decision on the matter once the vacancy occurs and that the Palace preferred that the JBC would be able to submit a shortlist of candidates before that time.
Olivar said the President was aware that the Constitution allows her 90 days to fill up a vacancy in the Supreme Court. In this case, until Aug.17, or when the next president is on the job for over two months.
“Just because you’re allowed to do it (have 90 days) doesn’t mean it’s overriding national interest to wait that long. So that’s what she is going to weigh carefully if she can afford to leave that position vacant during that important period even if she’s allowed to wait up to 90 days, that’s why I don’t want to preempt her,” he said.
Palace officials earlier warned against leaving the top post in the judiciary vacant during a time when the Supreme Court could sit as the Presidential Electoral Tribunal to decide on protests involving presidential candidates and even the president-elect.
The officials also argued that an acting chief justice would be dangerous as he or she could be beholden to the next president.
“If she does not get the (JBC) list on time, then she’ll have a decision to make on the matter,” Olivar said.
He reiterated Mrs. Arroyo was prepared to face the Supreme Court in case she pushes through with appointing the next chief justice.
“To her, what she sees is her duty, she will do it,” he said. – Michael Punongbayan, Paolo Romero
Minority group ready to debate on C-5 report By Christina Mendez (The Philippine Star) Updated February 02, 2010 12:00 AM
[PHOTO
AT LEFT - Senators Jinggoy Estrada, Miriam Defensor Santiago and Aquilino
Pimentel Jr. chat during the regular Senate session yesterday.
MANNY MARCELO]
MANILA, Philippines - Senate Minority Leader Aquilino Pimentel Jr. reiterated yesterday that the minority senators are ready to debate and vote on the committee report on the controversial C-5 Road extension project that seeks to censure Nacionalista Party standard-bearer Sen. Manuel Villar Jr.
Pimentel agreed that the senators should discuss the report in a sober manner and refrain from using unparliamentary, inflammatory and offensive language to enable them to arrive at an intelligent and fair judgment.
“All that we really want from the majority is for the positions of all sides to be ventilated and heard. If they want to revive the issue, we can debate it until doomsday. In other words, we are not going to back out from the challenge to disprove the allegations of the majority. That is our right,” he said.
Pimentel said that if the majority wants to resume the discussion on the C-5 issue on Wednesday, instead of Monday, the minority is amenable to this timetable. He said they agree that the approval of urgent bills should take precedence over the report.
However, he said the proceedings might take three days or more because there will be a good number of senators who may wish to interpellate Senate President Juan Ponce Enrile, sponsor of the Committee of the Whole report, and Sen. Alan Peter Cayetano, sponsor of the resolution filed by minority senators that dismissed the charges against Villar.
Villar is accused of alleged insertion of P200 million to the 2008 national budget for the completion of the controversial C5-Road extension at the boundary of Parañaque City and the NP presidential bet’s hometown of Las Piñas.
Sen. Jamby Madrigal accused Villar of conflict of interest after the NP leader, who was then Senate president, pushed for additional funding for the C-5 Road extension project.
Madrigal claimed that Villar would benefit from the road construction because the development of the area will increase the value of the property owned by Villar’s family near the controversial road.
Pimentel said they do not want to leave the case hanging because political rivals would make it appear that Villar was guilty of wrongdoing.
He said it is very possible that the majority will prefer the case to be left unresolved before the Senate adjourns for the long election break. In the first place, he said it would be very difficult for them to muster the required number of votes to secure approval.
On the other hand, he said the minority would block any attempt by the majority to railroad the adoption of the report and pronounce Villar guilty.
At least two members of the majority may not be around during this week’s session. Senate President Pro Tempore Jinggoy Estrada is reportedly in the United States for personal reasons while Sen. Panfilo Lacson has yet to notify the secretariat whether he will now show up after being absent for six session days since session resumed last Jan. 18.
Pimentel said he believes that the minority could muster enough votes to reject the committee report on the C-5 Road scandal and to dismiss the charges against Villar.
He said Cayetano has been assigned by the minority to make a headcount of senators who would absolve Villar.
Majority vote dispute
Enrile said the minority could interpellate him on the report of the Senate Committee of the Whole, which he sponsored as chairman, before any vote is made on either the report recommending censure against Villar or the minority resolution dismissing the ethics case against him.
The Senate President contradicted the assumption of the minority senators that the votes needed to implement the censure should at least be two-thirds of the chamber, or 16 votes.
Enrile said the Senate could slap Villar with the censure by only getting the “majority of the quorum,” meaning half of those present plus one.
He also assured the people that the Senate would act on priority bills even as it pursues the truth about the C-5 Road project.
“I hope that Senator Villar will do a Manny Pacquiao and face us in the Senate. This is his last chance to show everyone that he can be trusted to lead this country,” Enrile said in a statement.
“I am not Senator Villar’s enemy. I am not favoring any other people. I am only doing my job,” Enrile said.
Villar has not appeared before the Committee of Whole to answer the charges. He described the committee’s findings as politically motivated.
Enrile said several senators are lined up to conduct interpellations, including pro-Villar Senators Joker Arroyo and Miriam Defensor-Santiago.
Party-list Rep. Risa Hontiveros of Akbayan said Villar refuses to attend the Senate debate on the C-5 Road scandal because he might be “afraid of the truth.”
She said she could not believe the reason given by Villar’s allies for his absence in the Senate deliberation.
Fear of debating with colleagues “should not be used to evade accountability,” she said.
“Senator Villar has to face the truth. In the end, if he were telling the truth, no insult hurled against him would matter. Just tackle the issue head on because that’s how your leadership would be measured. If you can’t stand up for your own name, that says something about your brand of leadership,” the Liberal Party senatorial candidate stressed.
Malacañang appealed to senators to quickly resolve the C-5 Road controversy to allow them to turn their attention to pending urgent legislation with a few session days left remaining for Congress.
Deputy presidential spokesman Gary Olivar said the Palace does not intend to meddle into the affairs of the Senate and has no position on the controversy that split the senators.
“We have no view on the merits of the controversy one way or the other. Our concern would be limited only to the possible situation where this controversy would take up the senators’ time and attention and get in the way of expedient passage especially of urgent legislation,” Olivar told a news briefing.
No involvement in coup
Pimentel disowned anew any role in the alleged coup plot against Enrile.
He said he was in Geneva attending the meetings of the Interparliamentary Union’s committee on the human rights of parliamentarians when the purported plot was hatched.
He said he has not talked to or contacted any senator about the alleged coup.
“As a matter of fact, up to now, I haven’t seen the supposed resolution for the removal of Enrile as Senate head,” the minority leader said.
Pimentel said that while he was not calling for Enrile’s ouster or resignation, there is a valid point behind the reasoning that somebody whose term of office will be good until 2013 should replace him.
He said l3 votes are needed to elect a new Senate president.
Pimentel said that even Villar is reportedly against the removal of Enrile. With Jess Diaz, Paolo Romero, Charlie Lagasca