Sandigan justice faces greatest trial of his life

In the trial for plunder of Joseph Estrada, it will not just be the ousted president who will be on the stand. Both judge and accused will be seeking an acquittal, but on different terms.

Sandiganbayan Justice Anacleto Badoy Jr., in whose sala lies the only non-bailable offense among the eight criminal cases filed against Estrada, will be also be judged, his own credibility put to the test.

Today, the 68-year-old Badoy is the only man between Estrada and a prison cell. And even before Estrada’s trial is over, a verdict will await Badoy, not just the disgraced former chief executive.

Ironically, Badoy may not be able to render a verdict on the Estrada cases, since he only has two more years in the judiciary and will reach the mandatory retirement age of 70 by then.

Badoy begged off last Wednesday from making any statement on the plunder and administrative cases lodged against Estrada which are pending in his sala.

"I’m trying to do this so that this can help me do a good job. I made it a policy not to get myself interviewed in any case that is pending before the Court," the soft-spoken Badoy told The STAR in a phone interview.

A former Comelec commissioner and Senate secretary, Badoy, along with Justices Lourdes de Castro and Ricardo Ilarde, will be handling the plunder case of Estrada and six other people. Under Philippine law, plunder of P50 million or more is a non-bailable offense punishable by death.

They will also try the disgraced president for alleged violation of the Code of Conduct and Ethical Standards for Government Officials (RA 6713).

At this point, the chairman of the Sandiganbayan’s third division said that they have yet to determine the presence of probable cause in the indictments. He revealed that all the documents needed have not yet been turned over by the Ombudsman.

"The 10-day period (for the justices to study prima facie evidence) has not commenced yet. As of today, the affidavits and other important documents have not yet been submitted to the Court," he stressed.

Aside from Estrada and his son San Juan Mayor Jinggoy Estrada, those indicted for plunder were his buddy Charlie "Atong Ang," former presidential lawyer Edward Serapio, former presidential auditor Yolanda Ricaforte, Ang’s underlings Alma Alfaro and Eleuterio Tan, and a few John and Jane Does.

Slow or just careful?

According to a source at the judiciary, some justices are worried that Badoy may not be capable of a speedy trial of the plunder case against Estrada.

"Justice Badoy has the reputation of being slow-paced in terms of handling cases, regardless of how controversial. That is why some of the justices want him to waive trying Estrada’s case," the source, a former member of Badoy’s staff, said.

The apprehensions eased somewhat, according to the source, when they learned the Ombudsman is filing four other plunder cases against Estrada.

But a former classmate of Badoy’s at the College of Law of the University of Sto. Tomas said Badoy isn’t slow, just "meticulous."

"He really studies every detail of the case he handles and is very careful," said the classmate, who declined to be named.

The STAR also learned from the Statistics Department of the Sandiganbayan headed by Purita Concepcion that Badoy has expertise in handling cases of malversation of public funds.

Of the four cases Badoy penned between June 1999 and December 2000, three resulted in convictions.

These cases involved amounts ranging from P93,051.88 to over P1 million.

Badoy was appointed by former President Fidel Ramos to the anti-graft court in September 1997. During some interruptions in his career, Badoy said he went back to "private practice."

The Estrada plunder case is the biggest case to be handled by Badoy so far, having been in the judiciary for just three years.

Star student

Badoy is a native of Marawi City. He is married to Pura Badoy, a housewife, with whom he has 11 children: Madelaine, 43; Jocelyn, 40; Christine Marie, 39; Loraine Marie, 38; Maximilian Clament, 32; Jaroslav, 30; Pura Theresa Melangel, 29; Betina Monica, 20; Sarah Monica, 17; Jerome Augustos, 16; and John John, 10.

In all levels during his schooldays – from primary, secondary, tertiary to post-graduate studies – the magistrate excelled in academics.

He graduated valedictorian in 1946 from Malabang Elementary School in Lanao del Sur, was a topnotcher again in 1949 at Notre Dame of Cotabato, and in 1951 graduated valedictorian at the San Agustin University where he took up Associate in Arts.

Badoy also got his doctor of philosophy degree at the University of Santo Tomas in 1955 and graduated summa cum laude. He attended the San Beda College Law School and graduated cum laude in 1959. He passed the Bar in the same year, obtaining a grade of 83 percent.

Prior to his judiciary stint, he was Senate secretary from January 1992 to February 1993 under then Senate President Neptali Gonzales. He was also Comelec commissioner from July 1986 to February 1988.

Badoy was also an assemblyman from 1979 to 1984. He was also a delegate representing Cotabato in the 1971 Constitutional Convention.

He has a brother who is a judge, Emmanuel Badoy of Cotabato and the Maguindanao regional trial court.

Badoy also teaches law in his alma mater, San Beda College and UST, as well as political science subjects at De La Salle University and Notre Dame University.