SC junks petition on special divisions for ‘pork’ cases

MANILA, Philippines – The Supreme Court (SC) yesterday rejected the request of the Office of the Ombudsman for the creation of special divisions in the Sandiganbayan to handle the plunder and graft cases related to the pork barrel fund anomaly.

SC spokesman Theodore Te said the high court found no compelling reason to grant the plea of Ombudsman Conchita Carpio-Morales last June.

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.”

Morales, a retired justice of the SC, cited Article VIII Section 5 of the Constitution, where the Supreme Court has the power to “promulgate rules concerning pleading, practice and procedure in all courts.”

Morales also cited provisions of the Revised Internal Rules of the Sandiganbayan that allow the creation of a special division “where compelling reasons and the interest of justice so require.”

However, the high court justices were not convinced.

They said the reasons given by the ombudsman lacked sufficient basis and failed to show the need to create a special court.

Te said the justices of the Sandiganbayan handling the cases have shown competence to deal with the various cases.

The last time a special division of the anti-graft court was created was in January 2002 when former President Joseph Estrada was indicted for plunder. Sen. Jinggoy Estrada was also an accused in the same plunder case involving supposed cuts from illegal gambling operations.

The high court, however, differentiated the pork barrel cases from the plunder case Estrada faced.

“In the latter case, a necessity to create a special division was shown because of recurrent changes in the Court’s composition because of impending retirements and the relationship that the former President had with some justices who opted to inhibit from the case,” the SC said.

Several groups, particularly the Alternative Law Group (ALG) and Transparency and Accountability Network (TAN), earlier supported the plea of the ombudsman.

The justices of the Sandiganbayan, however, opposed the move, citing lack of compelling reason to create the special court.

The three senators indicted in the plunder cases – Ramon Revilla Jr., Juan Ponce Enrile and Estrada –  have also opposed the ombudsman’s request.