MANILA, Philippines — The Supreme Court has appointed retired Associate Justice Francis Jardeleza as amicus curiae — to stand as “friend” of the tribunal — in resolving the petitions against the Anti-Terrorism Act of 2020.
This was reached in an en banc session on Tuesday, January 26, but a copy of the notice was made public only on Friday.
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Under the Rules of Court, the court may invite lawyers to appear as amici curiae to help in disposition of issues.
Jardeleza retired from the SC in September 2019 after serving the high court for five years. Prior to becoming an SC justice, Jardeleza was the solicitor general for two years.
In the same SC order, the tribunal said it resolved to “note without action” martial law-era Solicitor General Estelito Mendoza’s pleading to be allowed to appear as amicus curiae in resolving the petitions.
Citing his “experience on issues relevant to the instant cases,” Mendoza had also asked the SC to admit his comment calling for the dismissal of the petitions against the anti-terrorism law.
But at least two of the 37 petitioners blocked Mendoza’s move. Former SC Justices Antonio Carpio and Conchita Carpio-Morales pointed out that with a bid to junk the petitions, Mendoza is approaching not as “friend of court” but as “friend of the Respondents.”
Petitioners assisted by the Free Legal Assistance Group meanwhile said that while they acknowledge that Mendoza “has served for decades as solicitor general during the Marcos dictatorship and has extensive experience in defending repressive acts and policies,” this is not the experience that the SC is looking for in an amicus curiae.
READ: Carpio, Carpio-Morales move to block Martial Law solgen's plea to junk anti-terror law petitions
Solgen told: Explain Parlade’s post
Last Tuesday, the SC also resolved to order the Office of the Solicitor General to answer the manifestation and motion filed by the Carpios that brought to the court’s attention a military official’s post that they petitioners said amounts to “possible intimidation prior to oral arguments.”
The Carpios in particular cited a Facebook post by Lt. Gen. Antonio Parlade, spokesperson of the National Task Force to End Local Communist Armed Conflict, which the petitioners said is a “clear threat” to them and others who are seeking redress from the SC.
The military official ended the post with: “Very soon, blood debts will be settled. The long arm of the law will catch up on you, and your supporters.”
The SC gave Solicitor General Jose Calida 10 days from notice of the order to file their comment.
During last Tuesday’s en banc session, Associate Justice Marvic Leonen was on leave for official business.
The SC will hold oral arguments on the anti-terrorism law petitions on February 2.