Question of duty, not glory – Devanadera

The Department of Justice is willing to take the lead in filing charges against Judge Luisito Cortez of the Regional Trial Court of Quezon City to set the tone in disciplining judges who are choosy about cases assigned to them.

Making the judges accountable, acting Justice Secretary Agnes Devanadera said on Thursday, would also remind them of their sworn duty and responsibility as public servants.

“If that is the signal for us [filing a formal complaint against Cortez], then we will look into it. [Otherwise] the next time around, another judge would be inhibiting and so on and so forth,” Devanadera added.

She was reacting to comments that the judiciary would not impose disciplinary action on Cortez unless there was a formal complaint from the Justice department or the Ampatuan family, among other quarters.

Cortez was supposed to handle the multiple-murder case against Mayor Andal Ampatuan Jr. of
Datu Unsay town in Maguindanao province in southern Philippines in connection with the massacre
there on November 23 that left 57 civilians dead, including 30 journalists.

But the judge opted to inhibit from the case, citing security reasons for him and his family.

“What is glory without a family,” Cortez was quoted as saying after announcing his decision to inhibit from the case.

Just part of the job
Devanadera, however, was not convinced by the concern raised by Cortez, saying that “risks are really part of government service and if we can’t take risks, then we should not be in government.”

“We’re not talking of glory, we’re not talking of a job, we’re talking of a mandate, we’re talking of a sworn duty. We’re not talking of glory here,” she added.

When asked what possible charges the Justice department could file against Cortez, Devanadera refused to elaborate, saying that she was leaving it in the meantime to the discretion of the Supreme Court, which has administrative supervision, through the Office of the Clerk Administrator, on all judges.

According to her, Supreme Court Chief Justice Reynato Puno has given his word to elevate the Cortez issue to the justices en banc to determine if the Quezon City judge’s reason for inhibition was valid or if it constituted dereliction of duty.

As to the liability of Cortez, Devanadera said that it was a matter for the Supreme Court to settle, and that she did not want to preempt its decision.

“What I heard from the Chief Justice, I really appreciate, for emphasizing that judges have the sworn duty and they cannot be choosy on cases for just any reason,” she added.

The embattled Cortez said that he was ready to be castigated by the Supreme Court for his refusal to take on the massacre case.

Earlier, Devanadera and senators led by Senate President Juan Ponce Enrile urged Cortez to resign and look for other jobs if he was afraid to handle the case.

Martial law issue
A rebellion said to have been mounted by major suspects in the massacre to cover their tracks caused President Gloria Arroyo to declare martial law in Maguindanao.

President Arroyo, however, was not among the six top government officials charged before the Office of the Ombudsman by lawmakers from the party-list group Akbayan also on Thursday for illegally declaring martial law in the province.

Military rule in Maguindanao was lifted on December 4.

Those charged before the anti-graft body were Devanadera, Executive Secretary Eduardo Ermita,
Interior Secretary Ronaldo Puno, Defense Secretary and National Security Adviser Roberto Gonzales, national police Director General Jesus Verzosa and the military Chief of Staff Victor Ibrado.

In a 10-page complaint, Ana Theresia Hontiveros-Baraquiel and Walden Bello said that after finding probable cause, the respondents should be immediately charged in accordance with Republic Act 6713, or the Code of Conduct and Ethical Standards for Public Officials and Employees.

The six Cabinet members were charged for exercising functions related to the issuance, implementation and enforcement of Proclamation 1959 declaring martial law “to prevent and suppress lawless violence in Maguindanao.”

Baraquiel said that the President was not cited as a respondent because of her “immunity from suit.”

But she added that they would file the same charge for the same act against Mrs. Arroyo when her term ends in June 2010.
WILLIAM B. DEPASUPIL AND JOMAR CANLAS