SC defers action on special courts for ‘pork’ scam trial

MANILA, Philippines – The Supreme Court has deferred action on the request of Ombudsman Conchita Carpio-Morales 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.

“The Court…has deferred action on the Ombudsman’s request for the creation of two special divisions in the Sandiganbayan pending its receipt of the Comment from all parties,” high court’s Information Chief Theodore Te said during Tuesday’s press conference.

So far, only the Sandiganbayan and Richard Cambe, former chief of staff of Senator Ramon “Bong” Revilla Jr., has submitted their respective comments. Cambe is one of the accused facing a case for plunder before the Sandiganbayan.

Aside from the Sandiganbayan, the high court also wants the other parties including those charged with plunder and those charged with violation of the Anti-Graft Law, as well as the Ombudsman’s Office of the Special Prosecutor to comment on whether or not a special division is necessary.
The Sandiganbayan, in its comment, said they see no need for the creation of a special division.

“After a thorough discussion, the majority of the justices of the Sandiganbayan are 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 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. They assured the high court that they will undertake “to respond to such a call not only with respect to the said cases but also as to the other cases filed ahead of them and pending before it.”

The Ombudsman, in its request, 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.”

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.