3 senators say no to special courts

MANILA, Philippines - The three senators indicted over the multibillion-peso pork barrel fund anomaly have opposed the bid of the ombudsman before the Supreme Court (SC) for the creation of special divisions in the Sandiganbayan to handle the plunder and graft cases against them.

Senators Ramon Revilla Jr., Jinggoy Estrada and Juan Ponce Enrile separately asked the high court to deny the request of Ombudsman Conchita Carpio-Morales to create two special divisions of the anti-graft court to exclusively hear the cases filed against them.

In their respective comments, the three lawmakers cited various repercussions of the proposal.

Enrile believes it would “subvert a carefully crafted system of assuring that those who preside over a case are, and appear to be, independent and impartial.

“Worse, considering the highly charged and biased environment prevailing in regard these cases, and that the request is made by the ombudsman, the impression that may be created is that the Supreme Court has now joined the clamor for the condemnation and punishment of those involved in the cases,” Enrile said in his four-page comment filed through counsel Estelito Mendoza.

Revilla argued there is no substantial distinction to classify the pork barrel cases as a class of their own warranting treatment separate from other cases in the anti-graft court.

Revilla cited the constitutional clause on equal protection that, he said, protects “every person against intentional and arbitrary discrimination, whether occasioned by the express terms of a statute or by its improper execution through the state’s duly constituted authorities.”

Estrada also stated the same ground in opposing the proposal.

In his four-page comment filed through counsel Jose Flaminiano, Estrada also stressed the three regular divisions of Sandiganbayan to which the cases have been assigned “are all capable to hear and try the cases; thus obviating any need to create special divisions.”

The Sandiganbayan has already opposed the ombudsman’s request in its comment filed last Monday, saying, “There is no compelling reason and/or imperative need to create a special division or divisions.”

All magistrates of the anti-graft court led by Presiding Justice Amparo Cabotaje-Tang stressed that creating special divisions could lead to prioritization of pork barrel cases to the detriment of other cases pending before the five divisions of the Sandiganbayan.

They also explained that a majority of them believe that creating special divisions could breed accusations of bias against the accused.

Richard Cambe, former trusted aide of Revilla and also an accused in the criminal cases, submitted a different view to the SC.

Cambe asked the high court to create three special divisions of the anti-graft court to exclusively hear the cases filed by the ombudsman against lawmakers and others tagged in the scam.

In his comment to the request of the ombudsman, Cambe proposed that each special division be assigned “to consolidate and hear all cases of a specific group of alleged conspirators.”

The SC has, for the second time, deferred yesterday ruling on the ombudsman’s request pending receipt of comments of all accused in the plunder and graft cases.

The ombudsman had asked the SC to create at least two special divisions in the anti-graft court due to the “national magnitude of these cases, the complexities of the issues involved, the number of accused and the far-reaching consequences of these cases.”

Expulsion

 The three senators, on the other hand, may face expulsion from the Senate after they are each meted a 90-day suspension following their arrest over plunder and graft charges filed against them before the Sandiganbayan.

Senate President Franklin Drilon did not discount the possibility of the three senators being expelled but there are no moves to initiate the process.

Drilon pointed out their cases are still on trial.

“The suspension is automatic against the accused once a petition to suspend them is filed by the ombudsman,” Drilon said in an interview on radio dzRH.

Expulsion moves against a senator must undergo processes through the Senate committee on ethics where he or she will judged by peers.

Barely a week after Estrada and Revilla separately turned themselves over to the custody of the Philippine National Police, Drilon reiterated the three senators charged for pork barrel fund misuse face automatic 90-day suspension.

“The Sandiganbayan will order their suspension. After 90 days, they would still remain in detention and they could not appeal to go back to the Senate since they are facing a non-bailable offense,” he said.

It was at this point during the radio interview that Drilon mentioned that expulsion may eventually follow after the 90-day suspension period but did not elaborate.

Reacting to reports the Sandiganbayan may issue judgment in the next two years before the end of President Aquino’s term, Drilon said in jest he would build monuments in honor of the Sandiganbayan magistrates if they could make this happen. – Christina Mendez