"Justices Garchitorena and Badoy are ordered to submit in due form, if they so desire, their respective formal charges against each other within 48 hours after notice of this resolution," read an excerpt from the Supreme Court’s three-page communiqué.
The court’s oversight committee chaired by Senior Associate Justice Josue Bellosillo shall "take appropriate action" on any charges the two justices might file.
The Supreme Court warned the squabbling judges that any violation of its order for them to "cease and desist" from making public statements about their dispute "shall be severely dealt with."
Highly placed sources said Garchitorena "refused to shake hands" with Badoy after their dialogue with Chief Justice Hilario Davide Jr. at the Supreme Court last Monday.
The dialogue was attended by Bellosillo and oversight committee members Justices Bernardo Pardo, Arturo Buena, Consuelo Ynares-Santiago, and Angelina Sandoval-Gutierrez.
Justices Teresita de Castro and Ricardo Ilarde, Badoy’s colleagues in the third division, are said to have "joined forces" with Garchitorena in the showdown against Badoy.
In a rare display of open conflict among members of the reclusive bench, Badoy has accused Garchitorena of pressuring him to resign on the belief that ousted President Joseph Estrada, who is facing plunder charges in the third division, is behind the whole thing.
Garchitorena denied that and said two colleagues wanted Badoy to withdraw from the Estrada proceedings or resign because of tardiness and other administrative shortcomings.
Davide called the two justices to a four-hour dialogue in his chamber last Monday and the discussion was said to have been "heated."
The dispute could be another obstacle in Estrada’s plunder trial, which has been mired in legal wrangling since it began last month.
Meanwhile, the ailing Estrada was excused from attending his corruption trial yesterday and today, the presiding judge said.
Estrada, who was already in the courtroom, rose and told the justices that he had decided to stick it out through the hearing yesterday because "it would be more expensive for the government if I leave" as his security detail would have to make a special trip. – Delon Porcalla