SC defers decision anew on special courts

For the second time, the Supreme Court on Wednesday refrained from deciding on the Ombudsman’s proposal to create special courts in the Sandiganbayan to exclusively try the pork barrel cases, as it wanted to hear from all parties involved. INQUIRER.net FILE PHOTO

MANILA, Philippines–For the second time, the Supreme Court on Wednesday refrained from deciding on the Ombudsman’s proposal to create special courts in the Sandiganbayan to exclusively try the pork barrel cases, as it wanted to hear from all parties involved.

“The court deferred action on the Ombudsman’s request pending receipt of the comment of all the parties on whom the Sandiganbayan may have served notices,” its spokesman, Theodore Te, told a news briefing.

Although the Supreme Court has not yet ruled on the need for special courts, the Sandiganbayan had gone ahead and raffled off the cases of 54 respondents charged with plunder and graft, including Senators Juan Ponce Enrile, Jinggoy Estrada and Bong Revilla.

Three regular divisions of the Sandiganbayan are handling the cases and two have ordered the arrest and detention of Revilla and Estrada.

More comments

Te said the Supreme Court had received more comments on the proposal of Ombudsman Conchita Carpio Morales from concerned parties.

The latest to file comments are Enrile, Revilla and Estrada; Enrile’s former chief of staff, lawyer Jessica Lucila “Gigi” Reyes; Janet Lim-Napoles, the alleged brains behind the pork barrel scam; Napoles’ nephew Ronald John Lim and children Jo Christine Napoles and James Christopher Napoles; and Alan Javellana.

Earlier, the Sandiganbayan and Revilla’s former chief of staff, Richard Cambe, submitted their comments to the Supreme Court.

The Sandiganbayan opposed the creation of special courts. Cambe agreed to special courts, but said he wanted his case to be decided in six months.

In their comments, Estrada, Enrile and Revilla opposed the creation of special courts.

Equal protection

Estrada said creating special courts would raise equal protection concerns as he and the other indicted senators are leaders of the political opposition. He said the three regular Sandiganbayan divisions now handling the cases are capable of handling the cases.

Also citing the equal protection clause of the Constitution, Revilla said there was no distinction between the cases filed against him and those filed against the others accused and to create special courts would be “discriminatory and unwarranted.”

Enrile said assigning special courts to handle the cases would “subvert” the raffle system of the court “intended to [ensure] that the members of the court to preside over a case are, and appear to be, independent and impartial.”