Don’t look at me — Garchitorena

The Sandiganbayan was tossed into a maelstrom of intrigue as its top magistrate said yesterday it was not him but another justice who had asked Associate Justice Anacleto Badoy Jr. to step down as chairman of the anti-graft court’s third division.

At a press conference in Davao City, Sandiganbayan Presiding Justice Francis Garchitorena tagged Associate Justice Ricardo Ilarde as the one who urged Badoy to quit as head of the third division handling the landmark plunder case against jailed former President Joseph Estrada.

Garchitorena also said Badoy had not been up to the job, but the "glamour" of the high-profile case had gotten into Badoy’s head.

This developed as Justice Secretary Hernando Perez said he may ask the Supreme Court (SC) to intervene and try to settle the feud between Garchitorena and Badoy.

In related developments yesterday:

• Presidential Spokesman Rigoberto Tiglao said President Arroyo was keeping her hands off the row at the Sandiganbayan.

• Ombudsman Aniano Desierto said the inhibition of Badoy and other justices of the anti-graft court’s third division would be a big problem for the prosecution panel in the cases against Estrada.

The controversy also plunged into turmoil Estrada’s trial for plunder, which is non-bailable and punishable by death.

Badoy on Sunday accused Garchitorena of pressuring him to resign as chairman of the third division, but declined to say what the motive could be.

"I did not pressure him to quit at all because it is not for me to do that. It is very, very improper for me to suggest that anyone remove himself from the case because I am the administrative head of the Sandiganbayan. I am not the judicial head. The divisions operate independently insofar as judicial matters are concerned. It was not incumbent of me to have said that," Garchitorena told reporters.

He said he even refused to comment on Ilagan’s suggestion made during a meeting at his chamber on Oct. 16.

The meeting, Garchitorena said, was held upon the suggestion of the justices of the third division.

"I was very careful about that. It was not incumbent of me to agree or disagree on what was suggested. It was presented, but the most logical thing for me to do was not to act on the matter," Garchitorena recounted.

He quoted Ilarde as telling Badoy: "Please take a leave of absence if you cannot do it."

The magistrate also charged that Badoy had been remiss in his duties with respect to the other cases in his sala, and "these put the Sandiganbayan process in jeopardy."

Garchitorena surmised that Badoy might have been "overwhelmed by the glamour of the situation."

"It got into his head," Garchitorena added.

He said Badoy made it clear, however, that he would not lessen his participation in the Estrada case.

Garchitorena elaborated that he did not have any close association with Ilarde or any other justice of the Sandiganbayan, saying he deals with them as professional equals.

He lamented that Badoy’s charges have put him on the defensive. "I can only react to what is being said. It is not for me to mount any attack and I can only make clarificatory statements."

Garchitorena said Badoy did not consult him before coming out with the exposé, adding that he had no idea why Badoy publicly talked about the issue two weeks after that bull session in his chamber.

Meanwhile, Perez said he still has to meet with senior justice officials to determine what action to take regarding the controversy rocking the Sandiganbayan.

"I will consult with my undersecretaries and assistant secretaries first to discuss whether we should formally ask the SC to intervene. I hope the SC will make the necessary investigation," Perez told reporters.

On the other hand, Tiglao said the President remained confident that the Sandiganbayan will resolve its internal problems in order to continue its task of dispensing swift and fair justice.

"The special anti-graft court Sandiganbayan, an independent constitutional body, is one of the main pillars of our democratic system. As such it can never be subject to any pressures from any entity," Tiglao stressed.

House probe sought on Badoy exposé

Iloilo City Rep. Raul Gonzales sought a congressional probe into Badoy’s allegations, which he described as "very serious" and could adversely affect the "rule of law and the interest of justice."

Gonzales said based on Badoy’s revelation, Garchitorena appeared to be desiring to take over the plunder case.

"There must be something more than mere intramurals now going on within the Sandiganbayan which must be looked into by Congress so that remedial legislation may be enacted to correct deficiencies, if any," Gonzales said.

Meanwhile, a party-list congressman proposed that competent private lawyers be allowed to assist the Ombudsman in prosecuting Estrada.

"It is urgent and imperative that if we are to win the war against corruption and erring public officials, the prosecutorial arm of the State — the Ombudsman — must be reinforced by authorizing the deputization of private lawyers who cannot be swayed by money, power or pressure," Rep. Satur Ocampo said.

He added that the involvement of private lawyers becomes more critical when justice is being blocked at every turn in connection with the prosecution of the plunder case against Estrada.

Ocampo noted ominous signs that the prosecution of Estrada was being derailed and that the disgraced leader would soon be exonerated and subsequently regain his freedom.

Estrada, along with his son Jinggoy and private lawyer Edward Serapio, has been detained since April in connection with the plunder case.

Among these signs, Ocampo said, were the alleged pressure applied by Garchitorena on Badoy to give up chairmanship of the third division, Garchitorena’s refusal to accept evidence in the perjury case and the alleged propensity of government prosecutors to bungle their cases against the former president.

Garchitorena has lots of explaining to do–Beltran

For his part, sectoral Rep. Crispin Beltran said Garchitorena should explain his motives in pressuring Badoy.

"Garchitorena’s behavior is most suspicious and highly unbecoming for a judge of his stature," Beltran said.

He suspected that Garchitorena wants to free Estrada and was "building a reputation of infamy for himself."

He also chided the Arroyo administration for "betraying everything the Filipino people fought for during people power II" last January.

"The government is letting Estrada go scot-free and is not marshaling its resources to vigorously prosecute him."

He added that while the government was spending P500,000 a day to protect the former president whenever he was brought to the Sandiganbayan, the Arroyo leadership failed to hire better lawyers to help the Ombudsman prosecute Estrada.

In another development, the militant watchdog group Plunder Watch expressed support for Badoy.

The group also raised the alarm over reports that the Supreme Court members were tied at 6-6 on the issue of constitutionality of the Plunder Law.

"We have seen Justice Badoy endure the delaying and squid tactics of the Estrada defense. Thus, Badoy deserves support now that he is under fire ostensibly for his handling of the Estrada cases," Plunder Watch leader Fr. Jose Dizon said in a statement. — With Jess Diaz