Taguig seeks recusal of judge in Fort Bonifacio case

MANILA, Philippines - The Taguig City government on Wednesday filed an "urgent motion to inhibit" against Court of Appeals (CA) Justice Marlene Gonzales-Sison as the city government  is set to ask the Appelate Court to reconsider its July 30 decision awarding the contested Fort Bonifacio area, including the Bonifacio Global City (BGC) to Makati City.

According to the Taguig City government,  Justice Sison, who penned the 37-page ruling, is married to incumbent Manila District 6 Councilor Casimiro "Cassy" Sison.

In filing the motion to inhibit with the CA, the Taguig City government questioned Sison's neutrality in handling the case.

“Circumstances show that Honorable Marlene Gonzales-Sison, the ponente in the captioned case, does not seem to possess the cold neutrality to fairly and impartially resolve the issues involving the territorial dispute between plaintiff-appellee City of Taguig and defendant-appellant City of Makati,” the motion said.

“Atty. Cassy Sison has been a known stalwart of the United Nationalist Alliance (UNA), which is a coalition of the Pwersa ng Masang Pilipino (PMP) headed by former President and now Mayor of the City of Manila Joseph E. Estrada and Partido Demokratiko Pilipino – Lakas ng Bayan (PDP-Laban) headed by Vice President Jejomar Binay...Together with Senator Juan Ponce Enrile, the three are known as the three kings of UNA," the motion added.

The motion noted that Councilor Sison’s membership in the UNA party and his close association with the Vice President “cast serious doubt” on the impartiality of his wife, Justice Sison.

The motion also took note of media reports that Makati Mayor Junjun Binay, the Vice President’s only son, continues to discuss the territorial dispute with his father who, during his time as Makati mayor, had fought for control of the disputed territory.

The motion also mentioned that the Vice President and Senator Enrile have also been vocal in media interviews as saying that the CA ruling was correct.

“And from nowhere, another key personality of UNA echoed that it is defendant-appellant City of Makati which is entitled to the disputed property. Senator Juan Ponce Enrile, who is affiliated with Pwersa ng Masang Pilipino and also with UNA since 2012, declared that he agrees with the Honorable Court’s ruling that Fort Bonifacio is part of defendant-appellant City of Makati,” the motion said.

It also stated that Taguig councilor Michelle Anne “Che-Che” Gonzales, the PDP-Laban President in Taguig, attacked Taguig City Mayor Lani Cayetano and her husband, Senate Majority Leader Alan Peter Cayetano, instead of challenging the decision of the CA.

“Councilor Che-Che Gonzales is the sister-in-law of Gigi Reyes, who was the long-time chief-of-staff of Senator Juan Ponce Enrile. In fact, Councilor Che-Che Gonzales refers to Senator Juan Ponce Enrile as her 'lolo,' the motion added.

“Indeed, Atty. Cassy Sison’s affiliation with UNA – whose key personalities strongly advocate that the disputed property is part of defendant-appellant City of Makati – has created a strong suspicion on Hon. Gonzales-Sison’s impartiality.”

The motion said Vice President Binay’s plans to run for President in 2016 had been announced on many occasions and that “It is not farfetched to think that Atty. Cassy Sison would want to strengthen his relationship with the Vice President.”

“There is a suspicion that the decision dated 30 July 2013 is a ‘political decision’ meant to curry favor with Vice President Binay for future appointment to the Supreme Court,” the motion said.

“Such suspicion could very well be unfounded and unfair to Hon. Gonzales-Sison. But her relationship with Atty. Cassy Sison and his ties to UNA do not help remove the suspicion.”

Citing jurisprudence, the motion said that judges should not only be impartial, “but should also appear impartial.”

“A judge should exercise circumspection in the discharge of his duties to preclude suspicion on his impartiality.”

“In the interest of fair play and to serve the higher interest of justice, Hon. Gonzales-Sison should immediately inhibit herself from this case," the motion said.

Meanwhile, the Taguig City government continues to maintain that the CA decision is not yet final and far from being executory.

Taguig Mayor Lani Cayetano, on several occasions, had declared that Taguig will continue to exercise jurisdiction over Fort Bonifacio and the BGC.