Ex-Supreme Court justice suspended from law practice for leaking court decision

MANILA, Philippines - The Supreme Court (SC) has suspended indefinitely from law practice retired Associate Justice Ruben Reyes for leaking an un-promulgated decision on an election case involving the citizenship of Negros Oriental Rep. Jocelyn Limkaichong.

Eight of the 15 justices voted to impose the penalty on Reyes after finding him guilty of gross misconduct for violating his oath as member of the Bar as well as the Code of Professional Responsibility.

It was the first time the SC has penalized a retired justice with indefinite suspension, which is considered second only to disbarment in severity, according to SC spokesman lawyer Jose Midas Marquez.

In a 22-page ruling, the SC also junked an appeal of Reyes on an earlier ruling of the High Court penalizing him with a fine of P500,000 and lifetime disqualification from holding public office for violating an internal rule on confidentiality of Court documents.

“The Court finds the explanation to the show cause directive as unsatisfactory, and the motion to set aside decision, treated as motion for reconsideration is denied with finality for lack or merit,” the SC ruled.

The justices dismissed as flawed the argument of Reyes in his defense that the SC did not have jurisdiction on the case since his violation was committed during his term as justice and should be subject of impeachment. They cited as precedent the case of former SC justice Fidel Purisima, who was also penalized in March 2000 for failure to disclose that his nephew was an examinee in the 1999 Bar examinations that he chaired.

They also did not give credence to the claim of Reyes that he was not given due process.

“Justice Reyes has been accorded ample opportunity to present his side and chance to fortify his arguments (during probe of investigating committee).”

The high tribunal said at least two pieces of circumstantial evidence showed that it was Reyes who leaked the draft decision he penned that upheld the disqualification of Rep. Limkaichong due to citizenship questions.

The SC had also ordered the retired justice to justify within 10 days why he should not be suspended as member of the Bar because of his violation.

The cash penalty was deducted from the retirement benefits to be received by Reyes, which reportedly amount to some P4.45 million.

The SC decision cited as circumstantial evidence the move of Reyes to have the draft decision on the Limkaichong case promulgated despite an agreement among justices in a session for the promulgation to be withheld pending clarification of the decision of nine justices who concurred with the ruling but only “in the result,” meaning they agreed with the decision but not on its grounds.

It also pointed out the “evident undue interest of Justice Reyes to circulate a draft ponencia (decision) of the case soonest even before the memoranda of all the parties fell due… It was Justice Reyes himself who leaked a photocopy (of the decision),” the decision stated.