Institution Watch Justice System Supreme Court Justice Suspected of Accepting Payoff (update) Institution Watch Judiciary |
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| Supreme Court Justice Suspected of Accepting Payoff (update) |
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| Written by Marites Dañguilan Vitug and Aries Rufo | |
| Tuesday, 25 September 2007 | |
A cloud of doubt hangs over a Supreme Court justice as the High Court meets en banc today to discuss the alleged payoff of Consuelo Ynares-Santiago. Reports reaching some justices as well as stories written by Jake Macasaet of Malaya—although he did not identify Ynares-Santiago—triggered the inclusion of Justice Santiago’s case in the agenda. Delis’s AffidavitBut Delis broke her silence yesterday through an affidavit that she “voluntarily” issued, according to the public information office of the Supreme Court. Marquez said today that Delis personally met with Ynares-Santiago yesterday morning but the Supreme Court guest logbook doesn't list her name.Marquez also said that Ynares Santiago called him immediately after the justice's meeting with Delis but Marquez said he didn't see her. In her two-page affidavit, Delis denied that she knew about the alleged bribery (see affidavit here). “I had nothing to do with, nor did I have any knowledge of such alleged attempted bribery,” Delis said. Last Friday, we wrote Ynares-Santiago a letter to get her side of the story. She authorized Marquez to speak on her behalf. (Download and read Ynares-Santiago's statement here.) “It’s totally false,” Marquez told Newsbreak. “She doesn’t even want to dignify it.” But Marquez confirmed that Ynares-Santiago terminated Delis in March. He said that Delis was found out to have used the office telephone to make overseas calls, particularly to Japan. Ynares-Santiago supposedly discovered this about October last year and gave Delis until December to look for a job. However, Marquez said, Delis asked for more time thus she stayed on till March this year. Yet, in her affidavit, Delis said she “voluntarily resigned” from the Supreme Court. This contradicts Ynares-Santiago’s version. Justices Want InvestigationAt least four Supreme Court justices have brought up the issue with Chief Justice Reynato Puno, and many of them want an investigation.“It’s unfair, especially to the lady justices,” a source privy to the discussions in the High Court said, referring to the reports pinpointing a lady justice as the culprit. There are five female justices in the Supreme Court. Apart from Ynares-Santiago, they are: Minita Chico-Nazario, Angelina Sandoval-Gutierrez, Ma. Alicia Austria-Martinez, Conchita Carpio Morales. Our sources say that Puno was “non-committal and lukewarm” when it was first brought up to him early last week. Ynares-Santiago and Puno are known to be good friends. They go a long way back, being classmates at the University of the Philippines College of Law. Ynares-Santiago and Puno were also on the same side during the impeachment of then Chief Justice Hilario Davide in 2003. While they decided with the majority that the Supreme Court had jurisdiction over the case, Puno and Ynares-Santiago said the court should exercise judicial restraint. We learned that the High Court is acting quite belatedly, six months after the supposed payoff, because the reports have reached the justices only now. Apparently, Cecilia confided to some people who, in turn, have told the story to a number of employees at the Supreme Court. “The truth should come out,” a former Supreme Court justice said. “It will strengthen the institution and the Supreme Court will overcome this. But it will depend on what the Court will do.” But there’s a brewing constitutional issue. The Supreme Court has power to discipline appellate court justices but not its own. It is Congress which has the power to impeach justices. “It’s a constitutional issue,” a lawyer with access to the Supreme Court said. “Should the Supreme Court or Congress investigate?” Two Cases: Piatco and QC Land DisputeAt the time of the alleged payoff, there were two controversial cases pending before the Supreme Court of which Ynares-Santiago penned the decisions.One is the Piatco case, wherein Ynares-Santiago, this month, ordered the dismissal of the graft case against the former chair and president of the Philippine International Air Terminals Co. Inc (Piatco), in connection with the voided contract to build the Ninoy Aquino International Airport Terminal 3—reversing an earlier Supreme Court decision (click here for our list of stories on NAIA-3). The High Court directed the Sandiganbayan to withdraw the criminal case versus Henry Go, saying that he was charged under the wrong provision of the Anti-Graft and Corrupt Practices Act. In that decision, Ynares-Santiago reversed a decision written by Justice Romeo Callejo in April, who retired soon after. Then, Callejo won, with a 3-2 vote. This time, Ynares-Santiago got two justices on her side, Adolf Azcuna and Cancio Garcia, who concurred with her. The deliberations in the third division over the Piatco case were described as “bitter.” It was in March that Ynares-Santiago fired Delis, at the height of the exchanges on the case. "No concrete proof has been shown, " Moises Tolentino, Piatco spokesman, told Newsbreak, referring to the alleged bribery. "We are the victims here. Piatco has been battered by countless allusions of wrongdoings." The other case, which is still pending before the Supreme Court en banc, reportedly has to do with a dispute over an estimated P1.7-billion, 34-hectare prime property in Quezon City, near the Ayala Heights subdivision. Ynares Santiago wrote a decision in December 2005 in favor of the new claimants, heirs of Homer Barque, invalidating the title of the long-time settlers, the Manotoks.
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| Last Updated ( Tuesday, 25 September 2007 ) |
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