Sabio asks DOJ panel to include Roxas in bribery probe

MANILA, Philippines – The lawyer of suspended Court of Appeals Justice Jose Sabio yesterday asked the three-man panel of the Department of Justice (DOJ) to expand its probe to include dismissed CA Justice Vicente Roxas.

The panel has begun it investigation of the alleged P10 million bribery attempt on Sabio by businessman Francis de Borja.

Lawyer Vicente Chuidian also wants the panel, composed of Justice Undersecretaries Ernesto Pineda and Fidel Exconde and Chief State Prosecutor Jovencito Zuño, to call Meralco president Manolo Lopez to shed light into the case.

Chuidian told the panel that his client believes there was a conspiracy between Roxas and De Borja.

But Pineda, panel chairman, told Chuidian that in the absence of a complaint against Roxas, the panel cannot investigate him.

“Why don’t you file that complaint and we will have another preliminary investigation,” Pineda said.

Zuño told Chuidian that the panel is still in the process of determining probable cause for the holding of a preliminary investigation, other names might crop up.

Yesterday, Sabio’s daughter Sylvia Jo and Evelyn Clavano affirmed the affidavits they had previously submitted to the panel of retired Supreme Court justices that conducted a public hearing on the alleged irregularities committed by CA justices in the handling of the Meralco case.

In her affidavit dated Aug. 7, 2008, Sylvia, who works at the office of Chief Justice Reynato Puno, narrated how her father informed her and her mother of De Borja’s alleged try to bribe him at the Ateneo Law School in Makati.

She said she was told by her father that De Borja was sent by Meralco to ask him to inhibit himself from the Meralco case and allow another justice to take over the chairmanship of the dissolved Special Ninth Division.

“I was just informed by my father that same night. My father then relayed that he was offered P10 million,” she said.

Under questioning by the panel members, Sylvia also admitted having delivered his father’s letter dated July 8, 2008 to Jasmin Mateo, personal secretary of Chief Justice Puno.

In that letter, Sabio sought the advise of Puno on his conflict with Justice Bienvenido Reyes on the chairmanship of the dissolved Special Ninth Division.

She also admitted having met Court spokesman Midas Marquez who advised her that Justice Sabio should execute an affidavit on his concern.

Clavano also affirmed her affidavit, but also submitted a new one to the DOJ panel yesterday.

Chuidian, who acted as her counsel, said Clavano’s new affidavit did not conflict with her previous affidavit.

He told the panel that Clavano only corrected minor details in her affidavit such as dates.

In her affidavit, Clavano reiterated her claim that De Borja called her sometime last June and asked for the cellphone number of Justice Sabio.

Asked why De Borja wanted Sabio’s number, Clavano said he told her that he needed to have Sabio inhibited from the Meralco case as a previous justice who was handling the case had returned from vacation.

She added that De Borja told her that the Lopez family wanted Sabio inhibited from the case as they were more comfortable with the other justice.

Meanwhile, De Borja’s lawyer, Marlon Cruz, told reporters the DOJ’s opening of preliminary investigation of the attempted bribery complaint is premature as his client will still file a motion for reconsideration before the SC.

The High Court, acting on the recommendation of the panel, had referred the attempted bribery allegation by Sabio against De Borja to the DOJ for investigation.

Cruz added that his client feels confident that Sabio’s complaint of attempted bribery against him will not prosper.

“In the first place, there is no such crime as attempted bribery,” he said. “Bribery is either consummated or there is no bribery at all.”

Cruz also said that even if bribery is established by the panel, the crime is only applicable to public officials.

“That is why we are confident that this charge will not see the light of day,” he said.

Sabio also wants the panel to probe Roxas who decided in favor of Meralco.

“De Borja is just the conduit for the bribe as he believes the businessman does not have P10 million,” he said.