Sandiganbayan sees no need for special division to try `pork’ cases
INQUIRER FILE PHOTO
MANILA, Philippines–The Sandiganbayan has opposed the request of Ombudsman Conchita Carpio-Morales for the Supreme Court to create a special division to handle all the cases filed in connection with the misuse of the Priority Development Assistance Fund (PDAF) or the pork barrel scam.
In a three-page comment submitted by the anti-graft court to the Supreme Court on Monday, the anti-graft court said they see no need for the creation of a special division.
“After a thorough discussion, the majority of the justices of the Sandiganbayan is of the view that there is no compelling reason , and/or imperative need, to create a special division, or divisions, to try the criminal cases filed by the Office of the Ombudsman relative to the disbursement and use of the PDAF,” read the pleading.
The comment is signed by the justices of the Sandiganbayan led by Presiding Justice Amparo Cabotaje-Tang.
“The creation of a special division or divisions in the Sandiganbayan, which would exclusively try the PDAF cases, could lead to a conflict with the other equally important cases being handled and tried by the justices who will be assigned to the said special division/divisions because these justices would definitely give priority to the said cases,” the anti-graft court said in its comment.
But the anti-graft court said they are aware of the need to speed up the resolution of the PDAF cases.
“Thus Court undertakes to respond to such a call not only with respect to the said cases but also to the other cases filed ahead of them and pending before it,” it added.
In its request, the Ombudsman said the need to create a special division was due to the “national magnitude of these cases, the complexities of the issues involved, the number of accused and the far-reaching consequences of these cases.”
Ombudsman Morales, a retired Supreme Court justice, cited section 5, article 8 of the Constitution, which indicates that the Supreme Court has the power to “promulgate rules concerning pleading, practice, and procedure in all courts.”
She said Section 3, Rule III, Part I of the Revised Internal Rules of the Sandiganbayan also provides for the creation of a special division “where compelling reasons and the interest of justice so require.”
But the high court opted to hear the sides of all the parties involved before acting on the Ombudsman’s request.
The parties include the office of the special prosecutor of the Ombudsman, which will handle the cases, and the camps of the accused.
The last time a special division of the anti-graft court was created was in January 2002 when former President Joseph Estrada was indicted for plunder. Jinggoy Estrada was also an accused in that plunder case involving proceeds from the illegal numbers game jueteng.
