MANILA, Philippines - After the dismissal of Sandiganbayan Justice Gregory Ong, two more magistrates of the anti-graft court could be investigated for the acquittal of alleged pork barrel fund scam brains Janet Lim-Napoles in a malversation case.
Supreme Court Justice Marvic Leonen posted this in his concurring opinion as the high court affirmed with finality its dismissal order against Ong last Tuesday.
Leonen believed the dismissal of the malversation through falsification of public documents case against Napoles involving the sale in 1998 of 500 Kevlar helmets to the Philippine Marines by the fourth division of Sandiganbayan was highly irregular.
And since the decision was collegial, Leonen said doubts could also be cast on the integrity and probity of two other magistrates in the division who approved the acquittal of Napoles – Justices Jose Hernandez and Cristina Cornejo.
“The case was decided by a collegiate body, hence we can presume that any irregularity should be attributed to the members of the collegiate body and not only to the ponente (writer of the decision, which was Ong). It is contrary to public policy for this court to assume that justices of the fourth division concur with decisions that they have not read, understood and studied,” Leonen stressed.
“Any observer with the required probity can justifiably and reasonably conclude that the irregularities in the Kevlar case were deliberate. It is not merely an error in judgment made in good faith if we consider that the justices that participated in the decision are not only competent but are experts on the rules of evidence, on deriving inference from the evidence, and on the law from which they are required to render fair judgments,” Leonen pointed out.
Leonen said a review of the case “reveals some questions that raise reasonable suspicions” of such irregularity.
Leonen cited for instance the decision of the Sandiganbayan division to split the complex crime into two – malversation and falsification of public documents – that led to the immediate dismissal of the more grave crime of malversation and left the lesser offense of falsification for trial.
He said the fourth division of the anti-graft court did not take into account the complexity of the charges and the relation between the two crimes.
Leonen also found the decision “strange,” since “the evidence presented during the trial shows that all the requirements of a complex crime were proven beyond reasonable doubt.”
He also questioned why the division held there was no evidence in the charges against Napoles when there were 14 checks deposited in her bank accounts.
Citing these grounds, Leonen suggested administrative sanctions should be imposed by the high court on judicial errors “tainted with fraud, dishonesty, gross ignorance, bad faith or deliberate intent to do an injustice.”
Leonen’s opinion, however, was suggestive rather than binding as the main decision on Ong’s dismissal was jointly written by the eight SC justices in the majority vote.
Another SC magistrate who voted for Ong’s dismissal believed the high court may be “going too far” in looking into the possible liability of Hernandez and Cornejo in the Kevlar case.
The magistrate, who requested anonymity, considered the issue as “internal” in the SC.
The justice cited a rule where judges are not faulted for errors in judgment made in good faith.
“Also, there is no complaint, statement or evidence against the two other members of the division to begin with. How can you start an administrative case with that?” the insider told The STAR.
Chief Justice Ma. Lourdes Sereno, for her part, vowed to continue the “house cleansing” in the judiciary after Ong’s example.
Sereno, who also voted for Ong’s dismissal, reiterated her call for informants to submit evidence against erring members of the judiciary.
“We cannot initiate administrative cases without evidence. Bring to us evidence and we will investigate,” Sereno stressed.
In its ruling promulgated last Sept. 23, the SC imposed the maximum penalty of dismissal on Ong for violating the New Code of Judicial Conduct by meeting with Napoles on two occasions after acquitting her in the Kevlar case.
The high tribunal also ordered forfeiture of his retirement benefits, except accrued leave credits, and perpetual disqualification from reemployment in government service.
The ruling became final after the high court denied on Tuesday the motion for reconsideration filed by Ong.
The Sandiganbayan, on the other hand, said it had not received an official copy of the SC decision denying the motion for reconsideration of Ong.
Sources revealed the high court is yet to forward an official copy of its latest ruling which affirms with finality its decision dismissing Ong.
Sources explained that until presiding Justice Amparo Cabotaje-Tang receives an official copy of the decision, the present composition of the anti-graft court’s Fourth Division stays.
For now, Associate Justice Jose Hernandez is acting chairman while Associate Justice Alex Quiroz is acting senior member and Associate Justice Oscar Herrera Jr. is acting junior member.
Ong, who used to chair the Fourth Division, stopped reporting for work after the SC ordered his dismissal from the service last month.
Once Tang receives an official copy of the latest high court ruling, Hernandez is expected to be the permanent chairman with Quiroz and Herrera as permanent members. – With Michael Punongbayan