Sandigan justices face SC sanctions

Feuding Sandiganbayan justices Francis Garchitorena and Anacleto Badoy Jr. face stiff sanctions from the Supreme Court because of a public spat that has cast a shadow over the credibility of the anti-graft court.

According to SC insiders, a five-member oversight committee, headed by SC Associate Justice Josue Bellosillo, may recommend stiff sanctions against the two magistrates who engaged in a public and embarrassing word war over deposed President Joseph Estrada’s trial for plunder.

The source said the oversight committee appeared to have reached a consensus on their recommendation after they met with Garchitorena, Badoy, Chief Justice Hilario Davide Jr., and Sandiganbayan Justices Ricardo Ilarde and Teresita de Castro behind closed doors yesterday.

Aside from Bellosillo, the oversight committee consisted of SC Justices Bernardo Pardo, Arturo Buena, Consuelo Santiago and Angelina Gutierrez, the source added.

The oversight committee is a supervisory body that monitors matters that are not judicial in character in the appellate and lower courts, just like the Badoy-Garchitorena word war.

The source would not speculate what kind of sanctions would be imposed on the two but appeared certain that "at least a reprimand" would be forthcoming.

Davide called the committee and the Sandiganbayan justices to the four-hour, "strictly confidential" meeting to thresh out the differences between Garchitorena and Badoy, both of whom are trying high-profile cases involving jailed former President Joseph Estrada.

Garchitorena, also Sandiganbayan presiding justice, chairs the anti-graft court’s first division, which is trying the charge that Estrada perjured himself in his official statement of assets and liabilities.

Badoy chairs the third division, which is hearing another perjury charge plus the capital charge of plunder against the former president.

Garchitorena has been charged with being biased for Estrada, especially when he ruled to exclude supposedly damning evidence that would prove that Estrada understated his assets in 1998.

Badoy, on the other hand, has also been charged with being biased against Estrada, especially when he appeared to have hastened Estrada’s trial over the objections of the defense.

Estrada himself has accused Badoy, whom he appointed to the Sandiganbayan when he was still president, of being "publicity-hungry."

The four hour-meeting also forced the cancellation of the scheduled hearing of the plunder charge against Estrada.

The third division, with Justice Nicodemo Ferrer sitting in Badoy’s place, ruled on Friday to cancel the hearing set for yesterday but ordered that the hearing set for Wednesday should push through.

Assistant Court Administrator Ismael Khan said the Chief Justice may report what transpired during the meeting to other members of the high court today.

"A resolution might be issued by the SC," Khan said. "By then we will know what their decision will be. It’s very hard to speculate because I was not privy to it."

The word war between the two anti-graft court justices began after Badoy accused Garchitorena of tacitly pressuring him to resign as chairman of the third division.

Garchitorena denied he ever pressured Badoy to resign and said that it was Ilarde, also of the third division, who made the "suggestion" that Badoy give up the chairmanship.

The presiding justice further charged that Badoy was incompetent and inefficient in disposing of the case load of the third division, prompting Davide to also summon Ilarde and De Castro to the meeting.

The meeting was supposed to take place on Nov. 10, four days after Davide issued a gag order on the two justices but it was later moved to Nov. 12 because Garchitorena supposedly had previous engagements in Davao City.

Describing the meeting itself, Davide said the discussion was "very cordial" but the reliable source said the two justices continued to trade barbs, although it was done "one at a time."

"Before the meeting began, the guidelines were set," the source said. "So it was clear that everybody will be given a chance to speak."

The source, however, refused to divulge what particular issues were discussed and refused to confirm or deny whether there was any discussion of a supposed attempt to ensure that the anti-graft court would ultimately find for or against Estrada.

During the peak of their word war, Badoy revealed that, according to Sandiganbayan rules, Garchitorena would be entitled to assume the vacated chairmanship of the third division if he resigns.

However, Ombudsman Aniano Desierto said the Garchitorena-Badoy spat would not affect the case against the jailed president because the "evidence remains strong."

"There is no impact because all the evidence and witnesses are ready," Desierto said, but he expressed concern that key prosecution witnesses may lose heart because of the delay. - With a report from Romel Bagares