MANILA, Philippines – Sacked Court of Appeals (CA) Justice Vicente Roxas spoke in public for the first time since being fired, describing himself yesterday as a victim of “political bullying.”
In an interview with ANC last night, Roxas said it saddened him that even magistrates could become victims of political “bullies.” He did not name names.
He also defended the validity of the CA ruling that led to his ouster and claimed two public relations firms were hired to discredit him.
“Nalulungkot ako kasi kung magagawa ng mga pulitiko sa isang mahistrado or justice na kagaya ko na sibakin sa kanyang pwesto at i-bully at parang bubugbugin nila ang isang justice na parang balewala, ibig sabihin nun masama na ang timplada ng pulitika sa Pilipinas. Yan ang aking buong pusong nakikita na lumalabas dito (I feel sad because if politicians can have a magistrate or a justice like me sacked from his position and bullied and beaten as if it is nothing, it means Philippine politics is really in bad shape. That’s my heartfelt opinion on these developments),” he said.
Roxas was the writer of the CA Special Ninth Division’s temporary restraining order preventing the Securities and Exchange Commission from serving its cease and desist order on the board election of the Manila Electric Co., which was being contested by the Government Service Insurance System (GSIS).
“It is political in the sense that from the very beginning an unseen hand has been manipulating all of these things, including the simple issue in the SEC,” he said.
“To me, the simple issue of jurisdiction of the SEC is such common knowledge that even an ordinary student of law or corporate law would know that the SEC no longer has jurisdiction (over the case),” he said.
Roxas said certain groups were determined to stop the issuance of the TRO and that GSIS had even hired two public relations firms to help it in its legal spat with Meralco as well as in destroying his credibility.
Roxas did not identify the two PR firms or the people who reportedly desperately wanted the issuance of the TRO stopped.
Roxas also said that the Meralco-GSIS case was a simple issue of jurisdiction, as the SEC no longer has jurisdiction over corporate disputes under Republic Act 8799 or the Securities Code.
“Kaya yun ang sinasabi ko ngayon buhat nung umpisang umpisa pa (That’s what I’ve been saying from the very beginning) that there’s an unseen hand orchestrating all of this which I didn’t know at the time,” he said.
“But all I knew at the time was that I was the ponente and that I had to do a good job so I kept things like a military operation, just like I do in all of my cases and kept everything under wraps so that there will be no leakage,” he said.
“So the TRO came out without issue in favor of Meralco because the three of us really felt at the time that it was urgent, it was necessary in order to stop a very simple issue of Republic Act 8799 transferring the power, the jurisdiction of the Securities and Exchange Commission to the regular courts,” Roxas pointed out. “It’s a very simple issue of jurisdiction.”
Roxas said that having served as consultant to the SEC for 12 years, he immediately knew as “soon as he read” the petition that the SEC no longer had jurisdiction in the case.
“So you can just take any justice in the Court of Appeals and they would come up with the same decision, no matter who would be the ponente,” he said.
Roxas also denied accusations that his decision on the Meralco case was based on a fabricated transcript of the minutes of the CA deliberation.
But he said he prepared the minutes after the deliberation from memory. He also admitted that there was no stenographer during the deliberation, adding that the CA does not have enough budget to hire more stenographers or to assign at least one in every hearing.
Roxas also said he felt he got the proverbial short end of the stick and Justice Jose Sabio, who was only slapped with a two-month suspension, should have also been severely punished for violating the CA’s reorganization order.
“Of course I feel na talagang mukhang inisahan ako (they singled me out). Because you ask all of these questions, sino ba ang nag-violate ng reorganization, hindi ba si Sabio (Who violated the reorganization, was it not Sabio)?” he asked.
Return to private practice
Roxas said that since he has been barred from holding any future jobs in the government, he intends to return to private law practice.
“I cannot even be appointed or serve in government anymore. So all I have to do is probably just practice law,” he said.
Roxas said he will no longer contest the SC panel’s decision, saying it will be just be “futile.”
Roxas also said that being slapped with an administrative case is a “trade risk” in the judiciary but admitted his dismissal came as a surprise.
“The risks of the trade have always been there. If you do not have any administrative cases in the RTC (Regional Trial Court) or in the CA (Court of Appeals), you have never existed,” he said.
“To us, this comes naturally. It’s part of the trade. People file cases against us left and right. For every case there has to be a loser and the loser is usually a disgruntled person,” he said.
Palace ponders Sabio’s fate
Malacañang is still uncertain of what to do with Presidential Commission on Good Government Chairman Camilo Sabio, even as he rejected calls for him to step down in the face of a possible disbarment.
Sabio is facing a disbarment case before the SC for meddling in the controversial Meralco-GSIS case in the CA.
“We don’t know yet,” acting Executive Secretary Jesus Dureza told reporters when asked to comment on the PCGG chief’s insistence that he will not resign despite his involvement in the controversy.
A three-man SC panel composed of retired justices accused the PCGG chief of trying to influence his brother, CA Justice Jose Sabio, on the Meralco-GSIS case. CA’s Sabio was meted a two-month suspension.
“Our position is that we will wait for the official copy of the SC ruling and then we’ll study it and see what appropriate steps to take next,” he said.
The Palace earlier said it considers the SC decision on the CA justices involved in the controversy an internal matter.
“Although the issue has implications on orderly administration of justice that should concern all, the matter pertaining to the pursuit of an investigation of Court of Appeals justices and its consequent results are matters that should be left entirely to the judiciary to handle and determine,” Dureza earlier said.
‘I intend to stay’
PCGG chairman Sabio declared that he is not resigning because he serves “at the pleasure” of President Arroyo.
“I won’t file my resignation. I serve at the pleasure of the President. I intend to stay,” he told reporters.
“I believe that I was right. I did not do anything wrong. I made my statement. I would stick to that,” Sabio said.
“The SC has the final say whether I should be disbarred or not and what should be the penalty for talking to my brother. We will have to await it,” he said.
“If a similar situation would repeat itself, I would be doing the same thing. The consumers were at the disadvantage,” he said, referring to electricity consumers who were said to be victims of alleged Meralco overpricing.
As to his possible disbarment, Sabio said being a member of the Philippine Bar is not a pre-requisite to heading a government agency like PCGG, which is tasked to recover alleged ill-gotten wealth of the Marcoses and their cronies.
He used as basis the legal opinion of his PCGG colleague, former Sandiganbayan justice and now commissioner Narciso Nario. “Assuming that I would be disbarred, I could still stay because being a lawyer is not a qualification to be chairman of PCGG,” he said.
“I’m very happy assisting the President and I will stay until 2010 when she leaves office,” the PCGG chief said. “Unless of course she says I have to leave, then I would have to leave because I serve at her pleasure.”
Meanwhile, Trade Secretary Peter Favila said the business community is closely observing developments in the CA controversy because it involves a giant publicly listed corporation – Meralco. – With Paolo Romero and Delon Porcalla