Limkaichong case: Litigant ordered to clarify leak of unpromulgated decision

The Supreme Court yesterday ordered a litigant in the citizenship case of Negros Oriental Rep. Jocelyn Limkaichong to explain within 10 days why he should not be cited in contempt for “leaking” and circulating to media the Court’s unpromulgated decision on the case.

In a three-page resolution, the Court dismissed as baseless the allegations of Louis Biraogo that the Court had committed an act of irregularity by conducting an oral argument on the case on Aug. 26, when a decision was allegedly already reached by the Court on July 15.

In response, the Court created an investigating committee to look into the leak. The committee is chaired by Senior Associate Justice Leonardo Quisumbing, with Associate Justice Consuelo Ynares-Santiago, and Associate Justice Antonio Carpio as members.

The committee was tasked to investigate the unauthorized release of the unpromulgated ponencia of Justice Ruben Reyes and determine who are responsible for the leakage of confidential internal documents of the Court.

“The unpromulgated ponencia of Justice Reyes, which has not been signed by the Chief Justice, is part of the confidential internal deliberations of the Court. No copy of the unpromulgated ponencia can be released to any person outside of the en banc. Any release of a copy to the public, or to the parties, of an unpromulgated ponencia infringes on the confidential internal deliberations of the Court and constitutes contempt of court,” the Court said.

In his letter which he reportedly circulated to reporters, Biraogo stated that in October, he received a letter from an unnamed Supreme Court employee. Attached to the letter was a decision signed by 14 Court justices which affirmed the decision of the Commission on Elections to disqualify Limkaichong on the grounds of not being a natural-born Filipino citizen.

Biraogo, in his letter also questioned the oral argument conducted by the Court on the case on Aug. 26, despite a decision already made by the Court on July 15.