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Thursday, March 27, 2008

 

EXCLUSIVE

4 on short-list to head Sandiganbayan

By Jomar Canlas Reporter

FOUR magistrates are contending to become presiding justice of the Sandiganbayan, the only vacancy in the country’s anti-graft court.

The Judicial and Bar Council has submitted to President Gloria Arroyo the names of Acting Presiding Justice Edilberto Sandoval, Justices Cristina Cortez-Estrada, Francisco Villaruz and Diosdado Peralta.

The position of presiding justice is vital as he or she will act as the primary administrator of the whole anti-graft court and will sit as first among equals among the justices.

The 15-member Sandiganbayan handle cases involving plunder, violations of the Anti-Graft and Corrupt Practices Act, and the forfeiture of ill-gotten wealth cases.

Two of the four contenders, Villaruz and Peralta, convicted former President Joseph Estrada. One of the original magistrates who handled the Estrada case was Sandoval, but later on inhibited himself from handling the case.

The four justices are all chairmen of the Sandiganbayan divisions. Justice Gregory Ong also applied for the position, but the Judicial and Bar Council did not include him because of three pending cases before the Supreme Court, all questioning his citizenship.

Profiles of contenders

Edilberto Sandoval is now the most senior magistrate at the Sandi-ganbayan. He has been serving the judiciary for the past 25 years, which includes 13 years as a regional trial court judge and 12 years as Sandiganbayan justice.

He was named as the most outstanding regional trial court judge of Manila for three consecutive times, from 1991.

Sandoval heads the Sandi-ganbayan’s Second Division that is now handling the plunder case of former General Carlos Garcia.

The Judicial and Bar Council nominated him four times to the Supreme Court and three times as Sandiganbayan presiding justice. He was passed over as presiding justice, which went to Teresita Leonardo-de Castro. Previously, Sandoval had served as acting presiding justice twice.

He is a law professor teaching in several universities and colleges in Metro Manila and nearby provinces. Sandoval is also a Bar reviewer, and known as an expert in criminal law. He was Bar examiner in the 1993 Bar Examinations for criminal law, and during the 1998 Bar Examinations for legal and judicial ethics.

He has authored two law books (Pointers in Criminal Law and a book on the Revised Penal Code).

He graduated cum laude and class valedictorian in law at the Far Eastern University, and later worked for the law office of the late Senate President Neptali Gonzalez.

Sandoval was born in Mabini, Batangas, on June 20, 1941, the son of public school principal Epifanio Sandoval Sr. and public school teacher Francisca Sandoval.

The second candidate, Cristina Cortez-Estrada, is chairman of the Sandiganbayan’s Fifth Division that handled the controversial claim of the Marcos family to the assets and corporations of taipan Lucio Tan.

Estrada was born on November 30, 1939 in Manila and grew up in Isabela. She is married to the late labor lawyer Alfredo Estrada, who was killed while defending a case of company workers.

She is the daughter of the late lawyer Emiliano Cortez, the former chief of the Malacañang Law Division, and of the late Antonia Gaffud.

Estrada started her career in Malacañang with the Office of President Diosdado Macapagal as a clerical aide in 1961. She became a legal officer in Malacañang in 1963 and was later appointed as regional trial court judge of Legazpi City in 1983. She served that court for 15 years, until she was appointed to the Sandiganbayan on March 3, 1998.

She is a single mother who raised three children. One became a doctor, the other a lawyer, and another holds a master’s in business administration.

Estrada finished elementary and high school from St. Theresa’s College. She finished her undergraduate and law degrees from the University of the Philippines as a scholar.

Third on the shortlist is Francisco Villaruz, chairman of the Sandiganbayan’s Third Division. He was senior member of the Special Division of the anti-graft court that convicted Estrada for plunder.

The Judicial and Bar Council recommended the magistrate several times to the Supreme Court. He was on the shortlist, along with former Labor Secretary Arturo Brion, the newest member of the High Tribunal.

Villaruz is one of President Arroyo’s first appointees to the anti-graft court, which he joined in October 2001.

He was a former director of the Securities and Exchange Commission and had worked for La Tondeña Distillers Inc. (now Ginebra San Miguel) as vice-president and general counsel. From elementary to college, he attended Ateneo de Manila. He took up law at the University of the Philippines and placed 12th in the 1967 Bar examinations. He was Bar examiner in criminal law in 2004.

The fourth contender is Diosdado Peralta, who was the first judge to hand down a guilty verdict in a plunder case.

Peralta is chairman of the Sandiganbayan’s First Division and is the third member of the Special Division of the Sandiganbayan that convicted Estrada.

Peralta has been called as the “hanging judge” of Quezon City. He recently told The Manila Times that he has a 90-percent conviction rate during his stint as Quezon City regional trial court judge, and that he is one of the Convenors of the Guillotine Club.

He has sentenced to death 44 people in 20 cases he handled as a regional trial court judge.

Peralta was considered to be Ombudsman. He received seven votes from members of the Judicial and Bar Council, versus eight votes for Merceditas Gutierrez, who was appointed as Ombudsman.

His father, the late Manila Court of First Instance Judge Elviro Peralta, is a friend of the late President Diosdado Macapagal, father of President Arroyo. In fact, Peralta was named after the late President. His wife, Fernanda Lampas-Peralta, is with the Court of Appeals, appointed by President Arroyo.

He finished law at the University of Santo Tomas. He is a former prosecutor, an expert in criminal law, and a multi-awarded judge.

   

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