Bets slam GMA plan on new Sandiganbayan chief

MANILA, Philippines - Presidential candidates assailed yesterday the plan of President Arroyo to appoint a new Sandiganbayan presiding justice to replace Justice Norberto Geraldez who died of pancreatic cancer on Easter Sunday.

Justice Edilberto Sandoval, the most senior magistrate of the anti-graft court, takes over as acting presiding justice under the Sandiganbayan’s internal rules.

Liberal Party (LP) standard-bearer Sen. Benigno “Noynoy” Aquino III said the President’s plan again demonstrated her disregard for the law, given the ban on midnight appointments.

“As usual, she is showing her impunity. If allowed, then she will just continue (making appointments despite the ban),” Aquino said.

He said it is dangerous to allow Mrs. Arroyo to appoint the chief of the anti-graft court because of the possible graft charges that could be filed against her and her relatives after the end of her term in June.

“That will be a vital function. (But she doesn’t mind) conflict of interest,” Aquino said before the start of his political rally in Baclaran, Parañaque City.

Nacionalista Party (NP) presidential bet Sen. Manuel Villar Jr. appealed to the President to let her successor appoint the next Sandiganbayan presiding justice.

“I urge the President not to appoint the next (Sandiganbayan) chief. President Arroyo should leave it to the next president. Be it in the Supreme Court or (the Sandiganbayan), the issue should be left to the next president,” Villar said after campaigning in Ilocos Norte and La Union yesterday.

Bagumbayan party presidential bet Sen. Richard Gordon said Mrs. Arroyo will be “tempting the fates” and will be violating the Constitution if she decides to push through with her plan to appoint the replacement of the late Geraldez.

“Well, there is a vacancy. She will have to test the fates again. The Supreme Court has said it only applies to the chief justice. So technically she cannot appoint. But the Sandiganbayan can have a temporary chief. It doesn’t look right, the constitutional prohibition applies,” Gordon added.

Aquino said the Supreme Court (SC), through its spokesman Midas Marquez, had clarified that the High Tribunal’s decision would only cover the chief justice of the SC.

Under the Constitution, the President is barred from appointing officials 60 days before the elections – or beginning March 10 – and until the end of her term on June 30.

Marquez earlier said that the recent ruling by the SC that allowed Mrs. Arroyo to appoint the next chief justice does not cover appointments in other posts in the judiciary.

But Malacañang officials said it is possible for the President to appoint a new Sandiganbayan presiding justice. Palace officials said the election ban only covers appointments to the executive branch and not the judiciary.

“But after that (SC) decision came out, she made appointments left and right,” Aquino said.

Aquino said Mrs. Arroyo clearly violated the letter and spirit of the law banning midnight appointments.

He said the President was acting contrary to her own father’s interpretation of the ban on midnight appointments.

Former President Diosdado Macapagal, father of Mrs. Arroyo, revoked the midnight appointments made by his predecessor, former President Carlos Garcia.

Gordon spent the day yesterday campaigning and holding public consultations in Pasig City, Taytay and Cainta in Rizal. In Taytay, Gordon paid a visit to businessman Julio Cruz, founder of the Club Manila East resort who pledged his support.

Gordon said Mrs. Arroyo is rushing to make new appointments to the judiciary to apparently give protection to her and her family from possible graft charges that might be filed after she steps down as president.

“What is more disturbing is the sudden upstart in appointments. This is part of a game plan. This is for total protection,” he said. 

Sandiganbayan justices not covered by SC ruling

The LP yesterday maintained that President Arroyo could not appoint the replacement of the late Geraldez.

Former senator Franklin Drilon invoked the election ban on appointments as provided for in the 1987 Constitution.

Even if she uses as justification the March 17 ruling of the Supreme Court allowing her to appoint the successor of Chief Justice Reynato Puno when he retires on May 17, the President could not apply the SC order to the Sandiganbayan, since it covers only the chief justice.

“That SC decision, which is not yet final, only exempts appointments made to the Office of the Chief Justice,” said Drilon, referring to the ruling where the justices voted 9-2-1 with three abstentions, upholding Mrs. Arroyo’s power to appoint the chief magistrate of the SC.

“This means that other appointments to both the executive and the judiciary – such as that to the position of Sandiganbayan presiding justice – are covered by the prohibition and therefore illegal,” he pointed out.

Drilon, who is running for senator under LP, said Geraldez’s sudden death would pose “another significant legal question” and the legal community will again be watching how the JBC would react to legal maneuvers by Malacañang to let Mrs. Arroyo choose the next Sandiganbayan presiding justice.

The appointment of Geraldez’s replacement will definitely fall under the prohibited period for midnight appointments under the 1987 Constitution, Drilon said, invoking Article VII Section 15 of the Constitution, which mandates that:

“Two months immediately before the next presidential elections and up to the end of his term, a President or Acting President shall not make appointments, except temporary appointments to executive positions when continued vacancies therein will prejudice public service or endanger public safety.”

Drilon said pursuant to the provisions, the President is precluded from appointing officials in the executive and the judiciary two months prior to the May 10 elections, which is from March 10 up until the end of her term on June 30.

He stressed the “irrationality” of allowing Mrs. Arroyo to appoint the next presiding justice of the anti-graft court who will enjoy a fixed term in office until the age of 70.

“The presiding justice of the Sandiganbayan will try the graft cases that are expected to be filed against Mrs. Arroyo and key officials of her administration,” he said.

“Aside from the clear constitutional ban against midnight appointments, the naming of the next Sandiganbayan justice should be free from any residual influence of the outgoing president,” Drilon pointed out.

Re-electionist Sen. Pia Cayetano, who is running under the NP, said the President may again be serving her own interests if she insists on replacing Geraldez, who died barely a month after heading the court under which administration foes want her tried for corruption after her presidency.

“Mrs. Arroyo’s plan to appoint the next Sandiganbayan presiding justice reeks of self-serving intentions. Her actions are callous, deplorable and must be rejected by the people. Insisting on her midnight appointments to various executive and judicial positions already constitutes a shameless violation of the Constitution,” said Cayetano.

Lawyer Edwin Lacierda, spokesperson of LP presidential bet Aquino, said Arroyo is apparently preparing for her protection and survival after her term ends.

He said the SC decision allowing Mrs. Arroyo to appoint the next chief justice was not yet final and executory and would not cover lower tribunals or executive positions.

Lacierda said it was possible for the President to be presuming that her appointed officials in the judiciary would not rule against her in case corruption charges were filed against her.

“This is really to insulate herself after she leaves the presidency,” Lacierda said.

Drilon said the Judicial and Bar Council (JBC) should not submit to Malacañang a list of nominees for the replacement of Geraldez since the ban was still in effect despite the SC’s March 17 ruling.

Acting Sandiganbayan chief set to assume post

Justice Edilberto Sandoval, the most senior magistrate of the Sandiganbayan, is now the acting presiding justice of the anti-graft court following the death of Geraldez.

Sandoval, who will retire on June 20, 2011, was also designated acting presiding justice from December 2009 to early March 2010.

Sources told The STAR that based on the Sandiganbayan’s internal rules, Sandoval automatically becomes temporary head of the court when a vacancy occurs due to retirement or even death of the presiding justice until a permanent appointment is made.

Sandoval chairs the Sandiganbayan Second Division and has been in and out as acting presiding justice since 2004, now holding the position for the fifth time.

He was among those who applied for the position of presiding justice at the JBC following the retirement of Associate Justice Cristina Estrada in November 2009.

Officials of the Sandiganbayan refused to comment on whether the President should appoint a permanent presiding justice despite the constitutional ban as she winds up her term.

They, however, admit that Geraldez’s death will affect the operations of the anti-graft court, especially the First Division which the late justice chaired, because the division already lacks one associate justice as a permanent member.

Officials of both the Sandiganbayan and the Office of the Ombudsman have expressed their condolences to the family of Geraldez, whom they referred to as a valuable partner in the justice system. - With Christina Mendez, Mike Frialde, Michael Punongbayan, Delon Porcalla