MANILA, Philippines – Embattled Court of Appeals (CA) Associate Justice Jose Sabio yesterday got flak from members of the Supreme Court panel of retired justices tasked to probe alleged improprieties in the handling of the board election case involving the Manila Electric Co. (Meralco).
Panel member retired Justice Romeo Callejo lashed out at Sabio for not reporting to his superiors that his older brother, Presidential Commission on Good Government (PCGG) Chairman Camilo Sabio, had tried to influence his decision on the case.
In his 10-page affidavit, Justice Sabio said that at about 8 a.m. last May 30, he received a call from his elder brother informing him that he was the third member of the division to which the Meralco case had been raffled.
Sabio, in his affidavit, added that he was surprised that his elder brother knew about the results of the raffle before he did.
He said the PCGG chairman informed him that a temporary restraining order was already prepared.
“At this point, he (Camilo) then tried to convince me of the rightness of the stand of the GSIS and the SEC. I then told him that I will vote according to my conscience and that the most I can do is to have the issuance of the TRO and the injunctive relief scheduled for oral arguments. I also told him that during said hearing, respondents must be able to convince me that the TRO did not have a legal basis,” he said in his affidavit.
Callejo told Sabio that the attempt of PCGG Commissioner Sabio to influence him was unethical.
“Did you consider that act of your brother as a criminal act? It is an attempt to corrupt a public officer,” Callejo told Sabio.
“Admitted, your honor,” was the reply of Sabio.
“Did you berate your brother?” asked Callejo.
“No, your honor,” answered Sabio.
Callejo also took issue with Sabio for not informing the other members of the Special Ninth Division – Justices Vicente Roxas and Myrna Vidal – of the “leak” on the TRO issuance.
Callejo also berated Sabio for not informing CA Presiding Justice Conrado Vasquez of the “leak.”
Retired Justice Flerida Ruth Romero, another member of the panel, shared Callejo’s view.
“It bothers me that a justice will say that leakage occurred,” she said.
The Special Ninth Division issued the 60-day TRO last May 30.
Callejo was visibly irritated when Sabio revealed that he did not raise the alleged P10-million bribery attempt by businessman Francis Roa de Borja during the special en banc session called by the CA.
During the continuation of his cross-examination yesterday, Sabio described the session as quite “torrid.”
“I am bothered that you did not mention the name of Mr. De Borja in your letter to PJ (Presiding Justice) Vasquez and at the en banc,” Callejo said.
Sabio retorted that it was “not yet the appropriate time.”
Callejo strongly reminded him that incidents such as bribery should be immediately reported for the National Bureau of Investigation to conduct an entrapment operation.
“Events like these should be immediately reported for the NBI to make an entrapment and prevent further occurrence,” he said.
Meanwhile, Justice Roxas, the ponente of the Meralco case, also lashed out at Sabio for “keeping him in the dark” about De Borja’s alleged bribe try.
“Why should I inform Justice Roxas when he knows what is going on,” Sabio countered.
Sabio also said that he was supposed to inform Roxas of the alleged bribe try but the latter refused to meet him.
The embattled CA justice also testified that De Borja met him at the Ateneo Law School at about 8 p.m. last July 1.
Sabio said De Borja was carrying a sealed brown paper bag and told him that they have P10 million “ready” if he gives way to Justice Bienvenido Reyes as chairman of the Special Ninth Division.
He, however, could not be sure if the sealed paper bag contained the P10 million.