(UPDATE 2) PCGG chief links Mike Arroyo lawyer to CA row
By Tetch Torres
INQUIRER.net
First Posted 11:06:00 08/26/2008
Filed Under: Judiciary (system of justice), Graft & Corruption
MANILA, Philippines -- Presidential Commission on Good Government (PCGG) Chairman Camilo Sabio has revealed that the lawyer for First Gentleman Jose Miguel Arroyo had asked for his help in connection with the case filed by the Manila Electric Company (Meralco) against the Government Service Insurance System (GSIS).
At Tuesday’s resumption of the investigation by a Supreme Court panel into allegations of bribery at the Court of Appeals involving the private power firm, Sabio said that Jesus Santos had called him although the PCGG chief did not elaborate on the kind of help that Santos had wanted.
Sabio also did not say whether the First Gentleman knew about the call made by his lawyer.
The PCGG chief said Santos never mentioned his brother, Associate Justice Jose Sabio Jr., who was then acting chairman of the appellate court’s 9th division that issued the temporary restraining order (TRO) against the cease and desist order by the Securities and Exchange Commission on the Meralco board elections upon request of GSIS.
The PCGG head said Santos merely assumed that calling him was a way of getting through his brother to help GSIS.
Sabio added that he had also wanted to help the GSIS in behalf of its members and the long suffering consumers of Meralco.
But retired Associate Justice Romeo Callejo was not convinced.
"My impression is that Attorney Santos called you precisely because you are the brother of Justice Sabio and not because of your concern for the members of the GSIS," Callejo said but which Sabio disagreed with.
Callejo asked Sabio whether it was the “first time that Attorney Santos had called you to intercede in behalf of the government in cases pending before the Court of Appeals?"
Sabio said, “Yes.”
Callejo then confronted Sabio about how he came to know about the TRO that was being prepared by the appellate court’s 9th division.
"As a lawyer, did it not occur to you that there must be something wrong somewhere when Attorney Santos called you that a TRO is prepared? Did you not consider it unusual?" Callejo asked.
Sabio said he was not familiar with the “the internal situation in the Court of Appeals.”
But Callejo berated him, saying, "But you are a lawyer, you are a practicing lawyer even during the Marcos era…The TRO is known to Attorney Santos when he is not a member of the Court of Appeals. Did you not inquire from Attorney Santos how he came to know about the TRO?" Callejo said.
"No your honor," Sabio said.
"Why not? You are a lawyer for goodness sake," Callejo said.
"You said you are not lobbying but you are trying to influence your brother," he asked.
But Sabio said that he did not even delve into the merits of the case. He added that lobbying was different because it involved monetary consideration.
Retired Associate Justice Carolina Grino-Aquino, panel chairperson, reminded Sabio of Canon 13 of the Rules of Professional Responsibility for Lawyers, which stated that a lawyer should "rely upon the merits of his cause and refrain from any impropriety which tends to influence or gives the appearance of influencing the court."
But Sabio countered that the circumstances surrounding the Meralco case were exceptional.
Retired Associate Justice Flerida Ruth Romero said she was “bothered” by Sabio’s attitude.
"It seems you are making these things an exception to many things. You called your brother for this case even if you are bordering into something that is unethical and downright illegal. You did not even think you are obstructing justice?" Romero asked.
Associate Justice Sabio stood by his brother who he said should not be faulted because his sibling did not even insist that he should decide against the TRO.
"My brother do not hesitate calling me because he was five years older then me. We respect him. He helped me find a career in the judiciary. I owe him a debt of gratitude," the associate justice said and stressed that he was never influenced in his decision on the case.
"Because of my respect for him and his respect for me, he never insisted. I don't know why he is being faulted now," Associate Justice Sabio told the panel of justices.
"Are you saying it is alright for a brother to call you up in connection with a case pending before the Court of Appeals as long as you will decide accordingly? Is that what you are saying?" Callejo asked.
Sabio said it was part of Filipino customs and traditions for siblings to be close to each other.
Callejo asked whether this kind of outlook was not “dangerous.”
"Is that not dangerous? Relying on Filipino culture in situations like this," Callejo said.
Justice Sabio said, "I will be a hypocrite if I will not say what I said. He is my brother. If there will be consequences then so be it."
Meanwhile, appeals court Associate Justice Vicente Roxas found an ally in colleague Bienvenido Reyes who said that Roxas’ decision to issue a TRO against the SEC was “perfectly correct.”
Reyes, who finally took the witness stand after being hospitalized for weeks due to seizures, said he was not aware of the P10-million bribe offer to Sabio Jr. but that had he known about it, he would have asked Roxas, the author of the decision, to protect his ponencia.
Reyes and Sabio Jr. have been at odds since Sabio had refused to vacate the chairmanship of the 9th division, which Reyes had once headed, despite Reyes’ return from a vacation leave.
Before Sabio, the Meralco case was raffled off to Associate Justice Jose Catrall Mendoza who had inhibited himself and with Sabio being a senior member of the appeals court had assumed the chairmanship of the 9th division and inherited the case.
But a reorganization at the appellate court saw the transfer of Sabio to the sixth division and Roxas to the eighth, the division that finally handed down the TRO.
Reyes also said that the controversy at the Court of Appeals had taken its toll on his health.
“The mounting pressures caused by the controversy your honors has imploded my health and resulted in my heart condition and other maladies," Reyes told the panel as he thanked them for bearing with his absence.
GSIS Senior Vice President Arnaldo Cuasay who gave details on the salaries and benefits received by relatives of Presiding Justice Conrado Vazquez also took the witness stand.
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