Arroyo witnesses filing of graft raps vs 3 erring judges, 5 fiscals

Showing she means business in the campaign to stamp out corruption in the judiciary, President Arroyo witnessed yesterday the filing of criminal complaints against three judges and five state prosecutors for various offenses and lapses.

The President went to the Department of Justice (DOJ) on Padre Faura street in Manila where she conducted a closed-door meeting with officials led by Justice Secretary Hernando Perez and Chief State Prosecutor Jovencito Zuño.

After the meeting, Mrs. Arroyo announced the filing of formal graft complaints and administrative charges against the eight men.

"While I respect the separation of powers of the executive and the judiciary, I must stand by the interest of the people in seeking legal relief from the abuse of judicial authorities," the Pre-sident said.

She stressed that no one should be above the law, "more so among those who sit in judgment of violations of the law."

"The executive shall not stand by or wash its hands of cases where members of the bench are involved," the President said.

She directed the DOJ to seek the proper venue and identify the charges by which the cases can be resolved speedily and fairly.

The three judges who face graft charges before the Office of the Ombudsman and separate administrative complaints before the Supreme Court (SC) are:

• Tabaco, Albay Judge Arnulfo Cabredo, for having issued on Sept. 25, 2001 a temporary restraining order in favor of the consignees of 35,000 bags of smuggled rice in Legazpi City.

• Pasay City Judge Pedro de Leon Gutierrez, for having granted on Aug. 29, 2001 a demurrer to evidence (despite strong evidence by the prosecution) of an accused involving 986.35 grams of shabu. Gutierrez faces administrative charges for giving the accused unwarranted advantage and preference with the discharge of judicial function through manifest partiality or gross inexcusable negligence.

• Pasig City Judge Rodrigo Lorenzo for grave misconduct, knowingly rendering unjust judgment, gross ignorance of the law of procedure, and bias and partiality after approving bail for five Chinese nationals arrested while in the process of mixing 13,978.5 grams of shabu components and in possession of 4,606.1 grams of shabu before the prosecution could complete its presentation of witnesses.

The President also gave the go-signal for the DOJ chief to file graft complaints against the following prosecutors:

• Constancio Velasco, assistant city prosecutor of Manila who was caught in an entrapment on Nov. 8, 2001 while extorting P5,000 from a litigant.

• Apolinar Quetulio, assistant city prosecutor of Parañaque City, for extortion after being caught in an entrapment on April 16, 2002 while receiving P10,000.

• Romulo Gotico, assistant provincial prosecutor of Capiz for extortion after being caught in an entrapment on July 17, 2001 while demanding and receiving P50,000.

• Victor de la Cruz, third assistant city prosecutor of Naga City for sexual harassment committed in July 2002.

• Oscar Corpuz, first assistant city prosecutor of San Fernando City, La Union, charged on Aug. 5, 2002 for gross neglect of duty, inefficiency and incompetence in the performance of official duties in the Jacky Rowena Tiu kidnap-for-ransom case.

‘Exhaust all means’

The President ordered Perez to make sure that erring magistrates, especially the Albay judge who allegedly let a smuggler get away, be held criminally liable under the law for their acts.

"I would like Secretary Perez to exhaust all means within his authority to bring Judge Cabredo before the very bars of justice he has foresworn to uphold. I want this done the soonest possible time.

Authorities said Cabredo issued a TRO last year to prevent the Bureau of Customs (BOC) from seizing a vessel, the M/V Criston, which was carrying 35,000 sacks of suspected smuggled rice. The TRO enabled the cargo’s consignees, Antonio Chua and Carlos Carillo, to rename the vessel to M/V Neptune Breeze, leave port and elude authorities.

The President said she had wanted to accompany Customs Commissioner Antonio Bernardo the other day when the BOC formally filed a complaint against Cabredo.

"For other similar judges who are still out there, let this case be a reminder to all that the Customs collector by law and by jurisprudence has the exclusive jurisdiction over seizure proceedings. Regular courts cannot interfere with the exercise of that jurisdiction," she said.

Mrs. Arroyo said she also wanted the DOJ to charge lawyer Marcial Lopez, then district Customs collector of Legazpi, "who did not do anything to take physical custody of the rice shipment despite the fact that as early as Sept. 23, 2001 a warrant of seizure and detention had already been issued."

"Attorney Lopez also failed to attend the hearing on a motion he had filed to lift the TRO, thus paving the way for the denial of the motion," she said.

Meanwhile, charges have also been filed against a shipment consignee and a ship captain before the Camarines Sur RTC after BOC officials found them liable for bringing in19,000 sacks of rice "from an unknown origin." The cargo was on board the M/V Ronan, which arrived at Pasacao port in July 2001.

Government prosecutors established that suspect Nieves Uy and Capt. Antonio Olivan had "acted in connivance" to smuggle the goods using fake documents, including receipts and permits from the Philippine Ports Authority and the National Food Authority.

The President said the documents were used to deceive ports and law enforcement agencies in their operation.

"After careful and immediate verification, all receipts and NFA permits were found to be spurious, thus the issuance of a warrant of seizure issued against the vessel and its cargo," she said.

The vessel disappeared from Pasacao port a month later. The BOC said Uy and Olivan failed to appear for the probe despite summons, which paved the way for their indictment, owing to uncontroverted evidence.

Mrs. Arroyo said Uy is in the "order of battle" of smugglers under tight watch by the BOC. — With Marichu Villanueva