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By Jomar Canlas Reporter
OMBUDSMAN Merceditas
Navarro-Gutierrez on Monday appealed to the Judicial and Bar Council
(JBC) and President Arroyo to recommend and appoint better
persons—in integrity, competence and character—to prevent the
appointment in the Court of Appeals (CA) of people like the “Dirty
Dozen” appellate justices who are known for selling TROs (temporary
restraining orders) and for other corrupt practices.
Gutierrez has told The Times that
she has a list of the corrupt magistrates from the appellate court
similar to the names which were given as information to the justices
of the Supreme Court.
According to an unimpeachable
Times source, some Supreme Court justices are also receiving
complaints about the very CA justices who are on the Ombudsman’s
watch list.
The source told The Times that no
formal complaint has been lodged against some of the “Dirty
Dozen” and if the Court has investigated the complaints the probe
is being done very discreetly with all probers sworn to strict
confidentiality by the Chief Justice.
Gutierrez is asking the JBC to
nominate and Malacañang to appoint only persons who are “Judicial
Excellence Awardees” and reject those whose only strength is their
“connections” and “padrinos” (backers).
“Judicial Excellence Awardees
are those who are striving hard and these are the people who are
certainly qualified. Persons with integrity, independence and
competence,” she added.
Gutierrez was a former member of
the JBC, when she was still the secretary of justice and also a
member of the Judicial Excellence Award, an august body that honors
competent and honest judges.
She told The Times her great fear
is some of these corrupt CA justices might enter the Supreme Court
in the near future.
The Chief Ombudsman also admitted
that majority of the CA justices are persons with high moral values
and have strong moral fiber and the “Dirty Dozen” are just a
small part of the system who should be weeded-out.
“There are only few bad eggs in
the Court of Appeals, majority of them are men and women of
integrity,” Gutierrez said.
She endorsing to the SC the
complaints against appeals justices and other judges because she has
no power to conduct a “lifestyle check” on them.
The Chief Ombudsman said that she
welcomes deputization by the Court to investigate on its behalf and
go after the “hoodlums in black robes.” All that is necessary is
for SC approval and she will act on it immediately.
She also appealed to the members
of the Integrated Bar of the Philippines—the body of lawyers—not
to corrupt justices and judges. She said in corruption “it takes
two to tango.”
On the other hand, Atty. Jose
Midas Marquez, SC Public Information Office chief, in an interview
over dzMM said that the Court does not a “formal list at
present.” But, he said, “complaints against erring
magistrates” have been received by the Court.
“I cannot say categorically
that there is a list or investigation. But we have been receiving
some complaints. The Ombudsman can give the names to us for a formal
investigation, “Marquez said.
What The Times is holding is the
“vital information” that some of the SC justices are receiving
“bad remarks” against some CA justices who are included in the
“Dirty Dozen” watchlist of the Ombudsman.
The Dirty Dozen
Nine male justices and two female
justices, assigned in Manila, are allegedly on the list of the
allegedly corrupt magistrates in the appellate court.
The CA is composed of 69
justices, 51 of which are stationed in Manila. Majority of these
justices came from the lower court before getting their promotion to
the CA.
“What pains us is that these CA
justices came from the regional trial courts, which means that in
the lower court they were already doing their corrupt practices and
brought their corruption to the Court of Appeals. Kung sino pa
‘yung galing sa ibaba ‘yon pa ang corrupt,” a CA justice
lamented.
One of them is said to be
“still young yet so corrupt” and he loves to play golf. The
other one is already old and recently handled juicy cases. He was
one of the justices who, according to Times source, should have
refunded the payment already made to him by a litigant because he
failed to produce the paying litigant’s desired resolution in due
time.
Both these old and young justices
rose from the ranks or began their career in the lower courts.
More heads to roll
Chief Justice Reynato Puno has
just set an example by sacking from the service CA Associate Justice
Elvi John Asuncion for delaying the resolution of motions for
reconsideration within the required period and for making irregular
issuances of TROs.
Puno has just told the 17
Division Chairmen-Justices of the appellate court to reform their
divisions and put an end to rampant corruption in the CA, including
the “TROs for sale” racket.
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