Militants hit SolGen Jardeleza appointment

MANILA, Philippines—No rave reviews here. Only President Aquino’s allies said former Solicitor General Francis Jardeleza, who had sued the government to get the post, would serve the Philippines well despite dropping an island from the country’s claim in its territorial dispute with China in the West Philippine Sea.

Jardeleza is a good addition to the Supreme Court despite his stand on the exclusion of Itu Aba (Tai Ping) from the government’s arbitration case against China in the United Nations, Senate President Franklin Drilon said.

“He has been nominated by the [Judicial and Bar Council] (JBC) as a qualified member of the judiciary, and the President confirmed that by appointing him,” Drilon told reporters.

“I know him to be a very intelligent person. I have always known him to be an upright and intelligent person,” he added.

Drilon said it was the President’s prerogative to appoint Jardeleza.

Drilon declined to comment on reports that Chief Justice Maria Lourdes Sereno opposed Jardeleza’s nomination because of his stand on the exclusion of Itu Aba from the Philippine case against China in a UN arbitral tribunal in The Hague, the Netherlands.

On the President’s instruction, the government’s international lawyers restored the island in the brief before it was filed.

“That’s how the system works,” Drilon said on observations that Sereno had no choice but to accept Jardeleza’s appointment.

‘Healthy’ for the court

Justice Secretary Leila de Lima said she wished Jardeleza’s appointment would be “healthy” for the Supreme Court.

“I just wish that his entry into the Supreme Court would be something that is healthy for the court in terms of dynamics,” De Lima told reporters.

Asked to elaborate, she said: “Well, I’m just talking about the fact that it was the Chief Justice who raised the integrity issue. She [opposed his nomination] … and now he is being appointed. So I wish there will be no effect in the future dynamics of the leadership of the Chief Justice.”

De Lima said Jardeleza was “competent” and would be a “professional and hardworking” Supreme Court justice.

“He came from private practice. He was my first boss in a law [firm]. That was my first job after [my work at the] Supreme Court. I was an associate in their law [firm]. He’s very capable,” De Lima said.

De Lima served on the staff of Supreme Court Associate Justice Isagani Cruz from 1986 to 1989. Then she worked as a junior associate at Jardeleza’s law firm up to 1992.

Still under a cloud

ACT Teachers Rep. Antonio Tinio said Jardeleza’s integrity would remain in doubt until he disclosed why he left out Itu Aba, the biggest reef in the Spratlys, from the Philippine arbitration case.

“It would have weakened our position if the paragraphs touching on Itu Aba had been excluded from the claim our government filed in the international arbitral tribunal. A cloud of doubt will hang over the appointment of Jardeleza until the reasons and motivations behind this are satisfactorily explained to the public,” Tinio said.

Kabataan Rep. Terry Ridon said the appointment of Jardeleza was an attempt by the Aquino administration to undermine the Supreme Court’s independence “from the inside.”

Ridon said President Aquino delayed filling the vacancy in the Supreme Court until Jardeleza, who was nominated by University of the Philippines College of Law dean Danilo Concepcion, could win his fight against the JBC to get a slot on the list of nominees.

Pending cases in SC

He said it was Jardeleza who defended the government’s positions in controversial cases, including the cybercrime law, the Priority Development Assistance Fund (PDAF), which the Supreme Court struck down last year, and the Disbursement Acceleration Program (DAP), which the court also declared unconstitutional, a ruling that the government is appealing.

“Think about it. In the past, he was the lawyer; now he is the judge. In the past, he defended the respondents; now he will decide the case,” Ridon said.

“Even if Jardeleza inhibits [himself] from the pending cases where he has had direct involvement, the Solicitor General’s presence on the Supreme Court is akin to putting a spy, a mole, [there], a loyal infiltrator who will continue to report to his client and patron,” Ridon said.

“Justice Jardeleza now owes [President] Aquino big time,” Renato Reyes, secretary general of Bagong Alyansang Makabayan (Bayan), said in a statement.

“It was [Mr.] Aquino who exerted extra effort to delay appointing a new Supreme Court justice until Jardeleza [could make it to] the JBC [list of nominees]. It was [Mr.] Aquino who went against the JBC in an obvious power play versus the [Supreme Court]. So Jardeleza’s independence would naturally be questionable,” Reyes said.

Coco levy case

The militant Kilusang Magbubukid ng Pilipinas (KMP) and the Coco Levy Fund Ibalik sa Amin (Claim) movement were alarmed at Jardeleza’s appointment to the Supreme Court.

“We fear that Jardeleza’s appointment will strengthen Danding’s plunder and illegitimate claim over the still contested 20-percent coco levy fund shares in [San Miguel Corp.],” Nestor Villanueva, Claim spokesman, said in a statement, referring to businessman Eduardo Cojuangco.

Villanueva noted that Jardeleza had served for a long time as lawyer for San Miguel Corp.

Greco Belgica, a petitioner in the Supreme Court against the DAP, said Jardeleza was an appropriate choice, given his involvement in government cases.

“I think the Solicitor General is a very likable person. But pending a [decision in the] appeal in the DAP [case], which he made in his capacity as Solicitor General, it would not be right to have him appointed as associate justice. There is personal interest and a conflict of interest [in appointing] him now as associate justice pending an appeal he both wrote and defended,” Belgica said.

But Belgica’s lawyer, Harry Roque, believed Jardeleza had a sense of propriety.

“I’m very happy with the choice. I don’t believe he will meddle out of [propriety]. He’s a man of probity and integrity,” Roque said.

Can’t vote in DAP case

Drilon said Jardeleza could not take part in the Supreme Court’s deliberations on the DAP appeal, having previously defended the government’s position as Solicitor General.

“He can’t participate in the voting on the DAP. He won’t be able to help the President or the administration on the DAP issue. Nevertheless, the President chose him,” Drilon said.

Drilon squelched speculations that Jardeleza would influence the other justices into voting in favor of the government. He said he expected Jardeleza to inhibit himself from the deliberations and the vote.

Ilocos Sur Rep. Rodolfo Fariñas said the Itu Aba controversy was not grave enough to merit fall from grace with the President.

“Obviously, he still enjoys the trust and confidence of the President, as he did not only remain as Solicitor General but was also appointed to the Supreme Court,” Fariñas said.

Graceful loser

Meanwhile, Commission on Audit (COA) Chair Grace Pulido-Tan, a nominee for the Supreme Court seat taken by Jardeleza, congratulated the former Solicitor General.

“The President has spoken and we have to respect [his decision]. I fully respect his position,” Tan said after appearing at the Senate hearing on the allegedly overpriced Makati City Hall parking building.

“That’s not a problem. I have said from the very beginning that if I am not appointed, fine. If not, maybe God has other plans for me,” Tan added.–With reports from Gil Cabacungan, DJ Yap, Tarra Quismundo and Jerome Aning in Manila, and Delfin T. Mallari, Inquirer Southern Luzon

 

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