JBC, Court Administrator faulted for judge’s posting

No reason for confusion over the different senators named in five expanded lists of pork barrel plunderers. There’s a sworn one, a narrative of fixer Janet Lim Napoles to Justice Sec. Leila de Lima. It must be made public, for justice, then compared with the Commission on Audit report. That’s for starters.

The lists in the possession of Sec. Ping Lacson and anti-graft crusader Sandra Cam purportedly are in Napoles’s handwriting. Let handwriting experts verify the authorship. Then, the public can match them with the sworn narrative. Same with whistleblower Benhur Luy’s computer list, should he swear by it.

As for the unsigned one with Noynoy Aquino, given him long ago by Napoles, he can turn it over to de Lima for what it is: subject to substantiation. He has kept it far too long. To continue withholding it opens him to suspicion of obstructing justice and expanded prosecution.

No need too for haughty lawmakers to say that disclosure of the lists could bring down the Senate and thus imperil national security. Filipinos are resilient. They have overcome crisis before ­— in dozens of revolts against Spain, the 1896 Revolution, Rizal’s execution, annexation in 1899 and war in 1901 with the US, Japanese invasion in 1940, martial law in 1973, Ninoy’s assassination in 1983, EDSA 1986 and ‘2001. Filipinos will know what to do with a collapsed Congress.

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The nominee was at fault for his appointment to the Judiciary while on trial for graft and malversation. So was the Judicial and Bar Council (JBC). That is the reaction of appalled lawyers to my piece last Monday, “Though Convicted for Graft, This Judge Continued to Rule” (Gotcha, 12 May 2014).

The piece was about Dapitan City mayor Cedrick Joseph O. Ruiz who, though indicted for graft in 2002, accepted a judgeship in Iloilo City in 2004 and “promotion” to plum Makati City in 2007 — till conviction in Apr. 2013. The Sandiganbayan sentenced him to eight years in prison for graft and 18 years for malversation, plus return of P950,000 he had stolen as mayor, fine of P950,000, and perpetual bar from public office. And after conviction, Ruiz was granted paid leave for seven months — during which he ruled on five money and land titling cases.

As a lawyer, Ruiz knew the Constitution, Judicial Code, and JBC Rules, the readers note. All three documents specify the character musts of any candidate to the Judiciary: “proven competence, integrity, probity, and independence.”

The Rules not only define the four qualifications, but also detail possible proofs. Among these are testimonials and certifications of good conduct, as well as clearances from the courts, NBI, and police. Those facing or convicted of criminal or administrative offenses need not apply.

The JBC abdicated its constitutional duty, the readers add. In screening applicants, it must verify their submissions, and conduct background checks and personal interviews. The JBC consists of the Chief Justice, Secretary of Justice, chairman of either the Senate or House of Representatives committee on justice, and one rep each from the Integrated Bar, law academe, retired justices, and private sector.

The Office of the (Supreme) Court Administrator (OCA) is further to blame, lawyers say. As the JBC secretariat, the OCA must initiate the verification of testimonials, certifications, and clearances. Twice it slipped in Ruiz’s case, first in 2004 in tabling before the JBC his nomination to the Iloilo court, again in 2007 in endorsing his transfer to Makati.

The OCA also oversees judgeships. In not swiftly suspending Ruiz during his trial, the OCA committed ignorance of the law, gross negligence, and dereliction of duty, laments lawyer Domingo Mariano. The OCA erred again in not suspending Ruiz after his conviction was published in newspapers and websites.

Mariano cites the Anti-Graft and Corrupt Practices Act, Section 13: “Suspension and loss of benefits. — Any incumbent public officer against whom any criminal prosecution under a valid information under this Act or under Title Seven Book II of the Revised Penal Code, or for any offense involving fraud upon government or public funds or property, whether as a simple or as complex offense and in whatever stage of execution and mode of participation, is pending in court shall be suspended from office. Should he be convicted by final judgment, he shall lose all retirement or gratuity benefits under any law, but if he is acquitted, he shall be entitled to reinstatement and to the salaries and benefits which he failed to receive during suspension, unless in the meantime administrative proceedings have been filed against him. In the event that such convicted officer, who may have been separated from the service has already received such benefits, he shall be liable to restitute the same to the government. (As amended by BP 195, March 16, 1982).”

Mariano has sued the OCA for graft and misconduct (R.A. 6713), in sitting on “syndicated corruption” cases that he filed against four Pasay City judges and 70 court employees in 2011.

The Sandigan reaffirmed Ruiz’s sentencing in Sept. 2013, so he is appealing it before the Supreme Court. The case is now ten years old.

Radio broadcaster Joshua Jaime, meanwhile, reports that Ruiz had triggered another case that reached the SC. This was for his “midnight appointment” of 83 city hall employees during his last month in office in June 2001, after losing reelection. The Civil Service Commission, Court of Appeals, and SC revoked the appointments. The six-year-long drag of the case distracted the city hall’s attention from work.

In closing, ex-congressman Willie Villarama reminds of Proverbs 17:23 —  “The wicked accept bribes in secret to pervert the course of justice.”

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