Estrada lawyer insists on Badoy inhibition

Ousted President Joseph Estrada asked yesterday Justice Anacleto Badoy, chairman of the Sandiganbayan’s 3rd division, to inhibit himself from hearing the plunder case against the jailed former chief executive.

Former Sen. Rene Saguisag, one of Estrada’s lawyers, filed a five-page motion before the anti-graft court yesterday to remind Badoy that President Arroyo had recently reinstated his brother, Solomon Badoy, in the board of trustees of the Local Water Utilities Administration.

"The Honorable Chairman (Badoy) can only be grateful to an administration which, unmindful of the pendency of such charge appointed Mr. (Solomon) Badoy anyway," read Estrada’s motion.

Estrada said Badoy will also have a "continuing perception problem of being seen as unduly favoring the Office of the Ombudsman" since his brother is facing charges before the Sandiganbayan’s 1st division.

"What about accused Badoy in particular," read Estrada’s motion. "What message will be sent if this administration, again pushing the constitutional presumption to the limit, appoints anyone of the three accused here to some government position?"

Estrada said Ombudsman Aniano Desierto has not been pressing the Sandiganbayan’s 1st division for a speedy trial of Solomon Badoy’s case with the same ferocity as he is doing with the ousted president’s case.

"Talk of delay in the plunder case is rife," read Estrada’s motion. "The Badoy case was filed in 1997. To date, from all that appears, it would seem that he has not even been arraigned, as far as we know. We are not aware that the Ombudsman has been pressing the division concerned."

Records at the Sandiganbayan’s 1st division show the graft case against Solomon Badoy was filed by the Ombudsman on Dec. 3, 1997.

The case was first raffled to the 3rd division, when it was chaired by Associate Justice Cipriano del Rosario. After Del Rosario retired last April and Badoy took over, Badoy inhibited himself from hearing the case, which was re-raffled to the 1st division last July 27.

The case arose from Solomon Badoy’s alleged misappropriation, along with two co-accused, of P2,397,111.08, which the government had allocated for the construction of 150 houses for former rebels in Mindanao.

Solomon Badoy is coordinator-at-large for Mindanao of Elim, "a Christian community dedicated to the Lord’s service."