Sandigan justice won’t inhibit self from military comptroller’s case

MANILA, Philippines—Responding to demands for his inhibition from the plunder case against former military comptroller Carlos Garcia, Sandiganbayan Presiding Justice Edilberto Sandoval said Friday that his son, who works in the Ombudsman’s Office of the Special Prosecutor, has never appeared before his division or filed any motion with it.

Sandoval said his son Rex Reynaldo Sandoval joined the Office of the Special Prosecutor only in November 2010, long after Garcia’s case was raffled to the Second Division, which he chairs.

The Office of the Solicitor General had earlier moved to disqualify Sandoval or have him inhibit himself from Garcia’s case on the ground that his relationship with a member of the Office of the Special Prosecutor, which is prosecuting Garcia, may create the suspicion of bias.

The solicitor general’s office has sought to intervene in Garcia’s P303 million plunder case because it disagreed with the plea bargain that the ombudsman had entered into with Garcia. Under the controversial plea bargain, Garcia would be allowed to plead guilty to lesser offenses in exchange for turning over part of his allegedly ill-gotten wealth to the government.

On Friday, Assistant Solicitor General Renan Ramos told the court that the OSG was not saying that Sandoval had been influenced, but that his relationship with his son in the OSP was a reason for him to opt out of the case.

But Sandoval said the OSG should also state that the younger Sandoval joined the OSP only last November. Otherwise the OSG may be dishing out a “half-truth,” which he said could be damaging.

“You merely alleged that Atty. Sandoval is currently a member of the OSP. That’s half-truth. All I ask is that you tell the truth that by November 25, he joined [the OSP]. He never appeared before this division,” he said during the hearing of the OSG’s motion.

Ramos said he did not think that the OSG asserted a half-truth, since it is true that Rex Sandoval is the presiding justice’s son.

Justice Samuel Martires seconded Sandoval’s statement and said the younger Sandoval has not appeared before the division.

Martires also contested the OSG’s statement that it was only seeking Sandoval’s disqualification or inhibition because of his relationship with his son in the OSP, and that it was not making a claim that the presiding justice had been influenced by the son.

Martires noted that lawyers are barred from handling cases before judges closely related to them precisely because they might exert moral influence over a judge.

“This is hair-splitting, taking the meaning of relationship into its singular meaning,” he said.

Justice Teresita Diaz-Baldos also noted that if Sandoval inhibited himself, the whole case would have to be re-raffled to a new division. This is because Sandoval chairs the Second Division handling the Garcia case, and under the Sandiganbayan rules, the case should go to a new division if the chair pulls out.

“It might be to your delight,” Baldos added.

Ramos said the OSG took no delight in filing the motion.

Baldos said that if the OSG’s argument is extended, the Second Division might no longer be able to handle any of the cases being prosecuted by the OSP, since the chairman’s son works there.