Sandigan rejects special ‘pork’ cour?ts

MANILA, Philippines - The Sandiganbayan is against the proposal of the Office of the Ombudsman for the creation of special divisions to handle the cases related to the pork barrel fund scandal.

In a three-page comment filed yesterday, the anti-graft court led by Presiding Justice Amparo Cabotaje-Tang asked the Supreme Court to turn down the request of Ombudsman Conchita Carpio-Morales as “there is no compelling reason and/or imperative need to create a special division, or divisions, to try the criminal cases” filed against several lawmakers and individuals linked to the Priority Development Assistance Fund (PDAF) scam.

The anti-graft court said a “majority” of the justices arrived at the position “after a thorough discussion.”

The STAR earlier reported that a majority of justices were against the creation of special divisions.

Tang explained that she and the other justices were convinced that creating special divisions would only raise suspicion that they were biased against the accused.

The anti-graft court also stressed that giving priority to the PDAF cases would be detrimental to other cases pending before the five divisions of the Sandiganbayan.

The ombudsman had asked the SC to create at least two special divisions in the anti-graft court, citing the “national magnitude of these cases, the complexities of the issues involved, the number of accused and the far-reaching consequences of these cases.”

Ombudsman Morales, a retired justice of the SC, cited Article VIII Section 5 of the Constitution, which provides that the Supreme Court has the power to “promulgate rules concerning pleading, practice, and procedure in all courts.”

She said Section 3, Rule III, Part I of the Revised Internal Rules of the Sandiganbayan also provides for the creation of a special division “where compelling reasons and the interest of justice so require.”

The high tribunal opted to first seek comments from the Sandiganbayan and other concerned parties in the PDAF-related cases.

The parties include the office of the special prosecutor of the ombudsman as well as the camps of the accused.

The last time a special division of the anti-graft court was created was in January 2002 when former President Joseph Estrada was indicted for plunder for his involvement with jueteng syndicates.

His son Sen. Jinggoy Estrada was a co-accused in the jueteng case. – Michael Punongbayan