Bearing Down on Corruption in The Courts

Written on Tuesday, September 9th, 2008 at 6:53 pm | by Ding G. Gagelonia

The Supreme Court has just kicked out a justice of the Court of Appeals, suspended another, and admonished or reprimanded three other members of the appellate court in connection with bribery attempts that allegedly attended the case filed over the MERALCO-GSIS war.

The SC reserved it strongest action against justice Vicente Roxas, the disgraced ponente in the scandal-ridden case, dismissing him from government service because he had, under unusual circumstances, actively solicited the votes of his colleagues for his decision.

The affair has been thoroughly sordid with widespread reports of bribes running into 8 figures reportedly changing hands and even an offer of promotion to the Supreme Court of whistle-blowing justice Jose Sabio.

I leave it to the news media to deliver the details of the decision just being announced but this afternoon’s action by the high tribunal is the most stern in recent memory, and sends a very strong signal in the battle against corruption in the judiciary.

At the very least this douses the fire that had threatened to raze the Court of Appeals.

Next on deck will be how far down the lower courts this clean-up will reach.

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About The Author: Ding G. Gagelonia is a journalist of some 30 years, having worked in both radio and TV news and public affairs since his teens. Ding Gagelonia now writes independently and does corporate communications consulting. He has two kids, Felice and Luis. His journalist blog is at midfield.wordpress.com

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13 Responses to “Bearing Down on Corruption in The Courts”

  1. Bencard on September 9th, 2008 9:35 pm

    this is just one example of what i have consistently been saying: the law is not weakened, or rendered inutile, by its transgression. violators may, from time to time, escape justice but the force of the law will always be there and none of the culprits, no matter how powerful or influential, is really safe.

    i believe, those justices who were not dismissed but were found accountable should leave the office voluntarily. that’s the only decent thing for them to do, for the sake of restoring faith in the judiciary. furthermore, i think these individuals should be stricken from the roll of attorneys,

  2. Dean Jorge Bocobo on September 9th, 2008 11:42 pm

    But it’s just the tip of the ice berg. What about the Supreme Court itself? I am still waiting for transparency on the part of the High Court on the matter brought by Newsbreak Magazine and Jake Macasaet last year. If we thought executive privilege was bad, it is only because the Court is itself jealously guarding an even more precioussss privilege: judicial privilege.

  3. Bencard on September 10th, 2008 12:24 am

    djb, the beauty of the rule of law in a democracy is that you cannot rush to judgment. instantaneous retribution, or a system that condems before it hears (where the rights of the accused is safeguarded) is just not possible.

    in the case of justice ynares-santiago, where there is anything, other than bareface accusation, that tends to indicate that she is not as clean “as ceasar’s wife”, she is left with no other choice but to resign if only for the good of the institution of which she is a part. then she can defend herself and clear her name. in that event, newsbreak and macasaet should face the consequences of what then would be a false calumny.

  4. Ding G. Gagelonia on September 10th, 2008 3:41 am

    Attorneys,

    You have to include in the castigation, and call for clean-up, the lawyers who ‘lawyer’ by being willing conduits of political manipulators and bribe agents who exploit on the weaknesses of our courts, and the weaklings who populate them to manufacture decisions bought at the highest price.

    Yes, sir DJB, the SC is likewise ripe for a clean-up, but what do we do about it when the appointments and promotions are perceived as political-loyalty motivated and are lobbied for shamelessly, peddled if you will?

    In a past post, and I think you will agree that whether perceived or real, the public perception (not entirely incorrect) is that “Philippine justice is the fairest money can buy,” with laws considered ‘optional’.

    To me it seems that precept “dura lex, sed lex” (did I get it right ? :)just that, a nifty legal phrase.

    You gentlemen know more about this than me, a non-lawyer Filipino. :)

  5. Karl Garcia on September 10th, 2008 9:22 am

    I know Dean may sometimes sound like a lawyer,but he is a physicist by profession.

    On another note,I watched an interview with Adel Tamano, he said that the judiciary is a small world;alam daw nila kung sino ang mg judges na madalas mag TRO,kung sino ang corrupt,etc.

    we might ask,what are they waiting for,then?

  6. Under Suspicion? | Filipino Voices on September 10th, 2008 6:01 pm

    […] We spoke very little of justices involved, nor did we touch on the impact of this case on the judiciary (which Ding spoke a bit on earlier). […]

  7. Dean Jorge Bocobo on September 10th, 2008 6:29 pm

    Karl,
    Thanks for the clarification. And I must say, dealing with the Laws of God is infinitely more satisfying than the Laws of Men.

    Bencard,
    This bribery scandal cuts to the bone of the Judiciary. This is the Court of Appeals ferchrissakes, not some cfi. If the Judiciary loses all credibility, it could lead to disasters yet unforeseen. There are snowballing calls for all five justices to resign out of delicadeza. It’s the talk of the town that the Supreme Court was soft on the CA. It’s time for a cleanup alright, but dare we look at the Augean Stables without losing heart?

    BTW, it’s the lawyers themselves wringing their wrists, okay. My tribe is celebrating the Large Hadron Collider’s first batch of protons all the way around. God Particle here we come!

  8. Ding G. Gagelonia on September 10th, 2008 6:48 pm

    You’re correct, Ben, that we should not rush to judgment. The Pinoy lynch mob mentality much be held in check. But the dark mood over this scandal is simmering and I am not Sure if the Supreme Court action has really doused the fire gutting the CA.

    But I will be entirely surprised if someone tries to start a blogswarm in support of the IBP?

    What to you think, ENC Nick?

  9. The Jester-in-Exile on September 10th, 2008 7:11 pm

    time-out… a blogswarm? not yet!

  10. Bencard on September 10th, 2008 11:03 pm

    ding, this time, i think there is a factual basis for a blogswarm. i’m all for it. those men/woman in robe have been found either culpable or negligent. regardless of the relative fault/misfeasance, they have all been shown to be unfit to sit in judgment . even the lady justice who was “too compliant” appears to be either ignorant or not taking her job seriously.

    djb, the credibility of the judiciary is diminished reagrdless of whether the erring judges are from the lowest court or the supreme court. it’s a matter of magnitude in its effect. but as long as there are laws and rules that can be applied to bring these people to justice, there’s no need to “lose heart”. the system works, although not as efficient as we all want it to. the real task is how we can make it more efficient.

    btw, there are fears that the hadron collider you are talking about might inadvertently create a black hole that could swallow our planet. oh well, i guess that would be ‘collateral damage’ huh?

  11. Ding G. Gagelonia on September 11th, 2008 5:22 am

    Think FV can help create a critical mass of awareness that could help change things, Ben. Without giving any undue ‘puff’ to FV’s influence, we must individually, and together, think if we can make a differences. I would be among the first warn how great responsibility and prudence must be exercised. But you as well how serious the degree of corruption in our courts is.

    Again, I am not proposing that FV push the mob, but we must believe that for change, positive change in our society can take place, it that change should start with each and everyone of us, schmoe or non-schmoe.

  12. cocoy on September 11th, 2008 6:41 am

    bencard, LOL on the LHC.

    ding, i agree with you, without giving undue ‘puff’ on this blog’s influece that we have a responsibility.

    i’ve had the impression from the get go of this whole thing on the CA is that, it was a “deal” that had gone bad. someone made a play and botched it.

    If the whole “punishment” that the Supreme Court has given the CA judges really does work— then it gives hope that maybe there is justice in this country. Baby steps, i suppose.

  13. Dean Jorge Bocobo on September 11th, 2008 9:37 pm

    Camilo Sabio is a really low-down character. Between him and Mike Arroyo, they sure have made up for any deficit the Ateneo Law School may have in contributing corrupt and despicable persons to the public domain. (He was valedictorian of his class). That statement of his that he won’t resign his post as chair of the PCGG even if disbarred, really takes the cake. At the same time he says he respects the Court that recommends it. He must have an old, used soul from Lowclasslovakia.

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