Badoy goes on leave

Sandiganbayan Associate Justice Anacleto Badoy Jr. has taken an indefinite leave of absence, but declined suggestions that he inhibit himself from hearing the landmark plunder case against deposed President Joseph Estrada.

Badoy’s decision to go on leave came a day after the Supreme Court (SC) ordered him to explain within five days why no administrative sanction should be meted on him for "conduct unbecoming" of a magistrate.

It also came on the heels of Francis Garchitorena’s relief as presiding justice of the Sandiganbayan.

The high tribunal was displeased over a move by Badoy to be taken by ambulance to an "unnecessary interview" with a television network on Nov. 29.

Badoy’s daughter Christine, who works as his chief of staff at the anti-graft court, said his decision to go on leave was made upon the advice of his doctor, cardiologist Roberto Uy.

Christine said her father has been confined at the UERM Memorial Medical Center for a much-needed rest due to stress that worsened his asthma and hypertension.

"It is not a life-threatening condition, but he really needs some rest," Christine said, adding that her father has not gone on vacation for the past two years.

She recalled that the last time Justice Badoy took a leave was in 1999 when he went on a pilgrimage to the Vatican.

Estrada’s plunder trial continued yesterday with Associate Justice Narciso Nario, a member of the anti-graft court’s third division, pitching in for Badoy.

Former Government Service Insurance System (GSIS) president and general manager Federico Pascual took the witness stand to testify for the prosecution regarding huge investments made by the state-run pension fund in Belle Corp., a firm owned by an alleged Estrada crony.

Pascual was the third of 35 witnesses lined up by the prosecution to testify against the fallen leader in connection with the plunder case.

Christine said the duration of her father’s leave of absence depended on his doctor’s advise.

She also indicated that the trial of the celebrated case has adversely affected the entire family.

Reacting to Badoy’s move, lawyer Jose Flaminiano, legal counsel of Estrada, said the justice should have inhibited himself altogether from the plunder case.

"Let the Sandiganbayan decide who will replace him. But since he is filing a leave of absence, why doesn’t he inhibit himself from the case instead," Flaminiano told reporters.

Badoy earlier accused Sandiganbayan Presiding Justice Francis Garchitorena of pressuring him to quit as chairman of the third division hearing the plunder case.

Garchitorena belied the accusation, saying it was not him, but two members of third division who wanted Badoy to step down, citing as reasons alleged tardiness and other administrative shortcomings.

Chief Justice Hilario Davide Jr. tried to patch up things between the feuding magistrates, and gave them 48 hours to formally file their respective administrative charges.

But upon the prodding of their colleagues who arranged a conciliation meeting between them, Garchitorena and Badoy decided not to file any charges against each other.

Garchitorena has since been suspended by the SC for alleged remissions in the disposition of cases pending in his sala.

Garchitorena chairs the first division which hears the perjury case against Estrada. The charge stemmed from allegations that the accused falsified his statement of assets and liabilities for 1999 by declaring his net worth at P35 million, but prosecution lawyers insisted he has billions of pesos stashed in secret bank accounts.

The prosecutors claimed that the ousted president pocketed P189.7 million in commissions from the transactions between Belle, on one hand, and GSIS and SSS, on the other hand.

The transactions were allegedly brokered by Jaime Dichaves, reputedly a close Estrada associate and member of the Belle board of directors who personally delivered the money to the former president.

Defense lawyers have sought to destroy the testimony of Carlos Arellano, former administrator of the Social Security System (SSS) by making him admit he issued two affidavits wherein he stated that he bought Belle shares with SSS funds without pressure from Estrada.

Ombudsman Prosecutor Dennis Villaignacio said Arellano’s testimony would be substantiated by former Belle vice president William Ocier who will also be called to the witness stand by the prosecution.

Ocier is expected to testify that Belle issued a check to Estrada representing payment of his commissions..

Presented as a prosecution witness, Arellano also told the court that he sought the help of the justice department for fear that he and Pascual might be implicated in the Belle scandal.

Arellano said Pascual told him about a report saying they could be held liable because Estrada earned commissions from the purchases they made of Belle stocks.

Ani says Badoy’s leave won’t affect plunder case

Ombudsman Aniano Desierto said Badoy’s leave of absence will not in any way affect the trial of the plunder case against Estrada because there were other justices who can take over the job.

"It’s good that the Supreme Court has conducted an inquiry to explain Badoy’s side. The only thing that will delay the proceedings is that when there will be no replacement for Justice Badoy," Desierto said.

Villaignacio said they have to wait for the result of the inquiry being conducted by the SC on Badoy’s alleged misdemeanor.

"Until now, we have not received a copy of his explanation. Let us see if he has some reasons for it. I would like to give him the benefit of the doubt," Villaignacio said.

Meanwhile, Estrada’s Partido ng Masang Pilipino (PMP) gloated over Badoy’s decision to go on leave as it cast serious doubts on the justice’s "real state of mind and health."

PMP spokesman Jesus Crispin Remulla, in a statement, said "it is high time the forces behind EDSA 2 accept the bitter truth that Badoy’s continuing service at the anti-graft court poses a clear threat to the dispensation of justice in cases brought to his division.

"We are speaking not only of the plunder case brought against President Joseph Estrada and which is currently being heard in the third division, but for all the cases which may be placed in jeopardy when placed in the hands of an individual who is clearly at the end of his rope both physically and emotionally," the statement said.

Estrada was toppled by a military-backed popular uprising in January. He was subsequently charged with a string of corruption cases including the capital offense of plunder which is non-bailable and punishable by death under Philippine laws.

He was arrested on April 26 and has since been detained, first at Camp Crame, then at a police training camp in Sta. Rosa, Laguna, and finally at the Veterans Memorial Medical Center in Quezon City.

Also detained without bail were two of his co-accused, his son Jinggoy and personal lawyer Edward Serapio.