By SAMMY JULIAN
Manila News Bureau Chief
MANILA – Malacañang brushed aside concerns that President Benigno Aquino III may have violated the Constitution by failing to appoint a new Sandiganbayan justice within a 90-day period.
According to Deputy Presidential Spokesperson Abigail Valte, the Palace was just being prudent in its selection of a magistrate.
“As far as the Executive is concerned, we want to make sure that the requirements are properly met, and (with) the circumstances facing us now, it is not unreasonable for us to have a more thorough vetting process,” Valte said.
The 90-day deadline set by the Constitution to pick a replacement of Justice Amparo Cabotaje-Tang has long expired.
Tang has been promoted to Presiding Justice of the Sandiganbayan in October last year.
The list of nominees was submitted to the Palace in February 28 but Aquino was unable to make an appointment on or before May 28.
Valte said they recognize the “urgency” to fill up the vacant post in the anti-graft court but cited the need for a further review on the record of the nominees.
The Office of the Executive Secretary (OES) recently wrote a letter to the Judicial and Bar Council (JBC) asking to “revisit” the list of candidates after expressing concern that one of the nominees was endorsed by Senator Juan Ponce Enrile who faces plunder raps before the Sandiganbayan. The JBC, however, rebuffed the Palace request.
Valte made it clear that the Palace did not ask for a new list of nominees when it asked the JBC to further review the shortlist.
“We did not ask for a new list, neither did we ask for a replacement or additional nominees,” she stressed. “We feel that because of the extraordinary circumstances that are attendant in this particular case, we recognize the urgency. And that’s why we wanted also further assistance from the JBC.”
On June 19, Executive Secretary Paquito Ochoa Jr. sent a letter to Chief Justice Lourdes Sereno, chair of the JBC, urging the screening body to “revisit” the list of nominees for the Sandiganbayan post due “extraordinary circumstances.”
The Palace was concerned that Quezon City regional trial court Justice Bernalito Fernandez, one of the contenders, has been endorsed by Enrile for an earlier vacancy in the anti-graft court.
“The President needs to know if the JBC is still nominating the particular nominee in question,” Ochoa wrote.
Ochoa also asked the JBC “to supply more information” about the nominees, saying the information was “clearly insufficient” for the President to make an informed judgment.
“Again, if only to emphasize the importance of this particular appointment, the President requires more information so that he can make an intelligent and wise choice,” Ochoa added.
He noted that the new Sandiganbayan justice has “to be like Caesar’s wife, completely above suspicion.”
Despite the apparent red flag raised on Fernandez, Valte said he will still be part of the shortlist for the Sandiganbayan post./PN
