When a judge defies the Supreme Court...

One of the biggest controversies happening in Cebu today is that highly questionable conviction of Cedrick Devinadera, the self-confessed alleged killer of Alona Bacolod, by Regional Trial Court (RTC) Judge Ildefonso Suerte of Barili. This conviction has a direct bearing on the parricide case filed against Philippine Benevolent Missionaries Association (PBMA) supreme head Ruben Ecleo Jr. who is supposedly the principal suspect in the killing. Why Judge Suerte tried this case in his sala knowing fully well that the Ecleo case was being tried in Cebu City escapes me.

When the Cebu media learned about this conviction in Barili, some 60 kilometers southwest of Cebu City, they raised a big howl while other people cried "foul!"

The most voracious critic of Judge Suerte is my good friend, dySS TV commentator Super Bobby Nalzaro, whose daily radio program visibly irked Judge Suerte to the point that he ordered Nalzaro to appear in his sala to explain why a case of contempt should not be filed against him. Naturally, when a mediaman is under attack, we close ranks and soon, Judge Suerte was fighting a lonely battle. Why should Judge Suerte pick only on Nalzaro?

As luck would have it, suddenly there’s a new twist to this unfolding drama. Because of the controversy surrounding his case, all the more the Cebu media made noise and started checking out Judge Suerte’s background for skeletons in the closet and lo and behold, it was learned that last March 3, the Supreme Court issued Administrative Order (AO) No. 36-004 relieving Judge Suerte from handling newly filed cases, both criminal and administrative, in Barili’s Branch 60 and designating Lapu-Lapu City Judge Leopoldo Canete as assisting judge of Branch 60. This order was signed by no less than Supreme Court Chief Justice Hilario Davide Jr. and was received by the Clerk of Court on the ides of March.

On March 29, Judge Suerte heard the case of Devinadera and last May 7, he handed down his conviction. There is no doubt that Judge Suerte would surely earn the title as the "fastest judge on the bench" having convicted a person in total defiance of the laws of judicial physics. After all, in the Philippines, we’re supposed to be known for our "snail-paced" justice system. But wait a minute, didn’t Judge Suerte defy the Supreme Court’s administrative order for him not to try cases anymore? It seems so!

So the big question is what will the Supreme Court do to a judge who brazenly defies its administrative orders? Since Chief Justice Davide is still out of the country, we wait with bated breath for his return because I’m sure Judge Suerte has a lot of explaining to do. Meanwhile, the Integrated Bar of the Philippines (IBP) Cebu City chapter requested the Supreme Court to investigate Judge Suerte, while the National Bureau of Investigation (NBI) is recommending the prosecution of the judge for rendering an unjust decision, graft and grave misconduct… things that a soon-to-be-retired judge should avoid.

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As a further update about the International Ship and Port Facility Security Code (ISPS) issue, here’s another letter-report from Ruth Mercado:

"Undersecretary Cecilio Penilla, head of the Office for Transportation Security, furnished me a copy of the approved and signed Implementing Rules and Regulations of the International Ship and Port Facility Security Code. I went through the material Sir and I am filled with horror.

"One is that the IRR leaves out the sticking issue of security contamination. Nothing in the new rules addresses the mixed-use operations of our domestic and international ports (where) contamination of non-certified ships and ports with certified ships and ports is high. Two, the IRR does not state exactly what covers the contracting government. My question is this: if only one of the 122 port facilities that are required to be compliant (is compliant), does this mean the entire country will be considered as non-compliant?

"Three, the Coast Guard is the only agency in the entire country with an inherent safety, security and intelligence maritime mandate. But the Coast Guard is left out in the approved IRR. In a hastily issued department order, the OTS is now the designated authority and administration of the ISPS but I do not perceive (it) to have a safety and security mandate, much more coverage and capacity. In fact, of the 109 signatory countries to the ISPS, it is only in the Philippines where the Coast Guard is not the lead agency. All other countries have the Coast Guard as their lead agency.

"Four, I’m surprised why Manila ports and business stakeholders do not seem to show the same concern on the ISPS as we do here. In recent weeks, there have been rumors that the ISPS implementation is being machinated from the top to the disadvantage of regional ports. Could they be part of that grand machination? Fifth, the implementation of the ISPS here seems half-baked. My question is does the OTS or the DOTC think they can honestly get away with it? Thank you Sir that you have accommodated and given me the chance to share my thoughts. I share this with a sense of concern. Yours truly, Ruth Mercado."

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Last Thursday evening, we graced the Continental Airlines awards for its top 10 travel agents for the Visayas and Mindanao (Vismin) for 2003. Here’s the top 10: Leisure Travel & Tours of Cebu, World Wide Travel, Grand East Asia Travel of Davao City, Amigo Travel & Tours of Iloilo, Grand Hope Travel of Cebu, Orientwind Travel & Tours of Dumaguete City, Uni-Orient Travel & Tours of Cebu, Land & Sky Travel & Tours of Cebu, Maganda Travel & Tours and Grandeur Travel & Tours of Dumaguete City.

The awards were given by Ramon Magno, Continental Airlines general manager; Rey Samonte, sales and marketing manager; Marissa Torres, marketing officer; Cheripie Calelero, Cebu sales supervisor; Joy Uy, sales executive; Christine Abalo, Cebu reservations and ticketing officer, and of course, Nap Doctor, vice president of Citadel Holdings (Vismin).

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For e-mail responses to this article, write to [email protected]. Bobit Avila’s columns can also be accessed through www.thefreeman.com. He also hosts a weekly talk show, "Straight from the Sky," shown every Monday, at 8 p.m., only in Metro Cebu on Channel 15 of SkyCable.