SC seeks Aquino comment on suit

THE SUPREME Court has ordered President Aquino and Executive Secretary Paquito Ochoa to comment on a suit filed by the Integrated Bar of the Philippines (IBP) and several judges over alleged irregularities in Malacañang’s appointment of two associate justices of the  Sandiganbayan antigraft court in January.

In a press briefing, lawyer Theodore Te, the high court’s spokesperson, said Mr. Aquino, Ochoa and Sandigan Justices Michael Frederick Musngi and Ma. Geraldin Faith Econg were given up to 10 days to file their comments on the petition for quo warranto, certiorari and prohibition.

The petitioners asked the Supreme Court to void Mr. Aquino’s appointment of Musngi and Econg for violating Article VIII, Section 9 of the Constitution.

The provision requires the President to make an appointment within 90 days after receiving a short list from the Judicial and Bar Council (JBC) containing at least three names per vacancy.  Musngi and Econg came from the same short list for the 21st Sandiganbayan associate justice.

The JBC, the constitutional body tasked with screening and nominating applicants and recommendees to judiciary positions, presented six short lists for the positions of 16th to 21st justices of the Sandiganbayan on Oct. 28 last year.

On Jan. 26, Mr. Aquino appointed the six new justices. One each was appointed from the short lists for the 17th, 18th, 19th and 20th justices.

Musngi and Econg, who were both nominees for 21st justice, were appointed 16th and 18th justices. Another justice, Reynaldo Cruz, who was nominated for the 19th justice, was appointed the 17th. Justices Maria Theresa Mendoza and Zaldy Trespeses were nominated for the 17th and 18th justices but were appointed the 19th and 21st instead.

The IBP said the President violated the Constitution by failing to appoint from one of the short lists presented to him and by appointing two from a single short list.

The petitioners asked for a temporary restraining order and a writ of preliminary injunction to stop Econg and Musngi from exercising their duties as justices.

The high court on Tuesday also deferred action on the petitions filed by former President and reelected Pampanga Rep. Gloria Macapagal-Arroyo seeking bail and house arrest and questioning the evidence in the plunder case against her.

The case against Ms Arroyo stemmed from her alleged embezzlement of P366 million in  Philippine Charity Sweepstakes Office funds when she was president.

The high court on Tuesday also denied the petition of former Davao del Sur Rep. Marc Douglas Cagas IV questioning the decision of the Office of the Ombudsman to indict him for graft and malversation in connection with the P10-billion pork barrel scam.