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Friday, April 04, 2008

 

Justice in Erap plunder case resigns

By Jomar Canlas, Reporter

THE most senior magistrate of the Sandiganbayan Special Division who is handling the plunder case involving former President Joseph Estrada has resigned as chairman of that special court.

According to a source of The Manila Times, a retirement letter was sent by Associate Justice Francisco Villaruz to the Supreme Court, since a new Presiding Justice of the Sandiganbayan was appointed.

On Friday last week, Malacañang announced the appointment of Justice Diosdado Peralta as Chief Magistrate of the Anti-Graft Court.

The appointment of Peralta as Presiding Justice paved the way for Villaruz to relinquish the chairmanship of the Special Division.

Villaruz sought the authority from the High Court to allow him to leave the chairmanship since Peralta will be their new head. Villaruz shall remain senior member of the special court.

During the conviction of Estrada on September 12, 2007, the chairperson of the Special Division then was Presiding Justice Teresita Leonardo-De Castro, and the senior member was Villaruz while Peralta was the junior magistrate.

After the promotion of De Castro as High Court Associate Justice, Villaruz automatically notched the Chairmanship while Peralta became the senior member and Justice Rodolfo Ponferrada became the new junior member.

With the turn of events in view of the promotion of Peralta to head the Sandiganbayan, Villaruz decided to surrender the chairmanship since it would be awkward for a Presiding Justice to sit just as a senior member of the Special Division.

Villaruz is more senior than Peralta at the Sandiganbayan, but the latter is more senior than the former in terms of service in the judiciary.

Despite its conviction of Estrada for plunder, the Special Division remained an active court following the filing of a motion questioning the execution of the Sheriff’s office on to the civil aspect of the case.

   

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Severino O. Frayna Jr., Benjie Dela Rosa
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