Friday, February 27, 2009

Justice fined

The Philippine Supreme Court recently fined retired Supreme Court Associate Justice Ruben Reyes 500,000 Pesos in a collegial decision finding him administratively guilty of leaking a draft of a decision, of which he was the ponente, involving an election case between powerful feudal lords in the Visayas.

The controversial issue was the main cause of the recent impeachment case filed by pro-Malacanang Palace congressmen, who wanted to kick out Supreme Court Chief Justice Reynato Puno, as a prelude to a Charter Change scenario before the May 2010 national election.

Below are a stinging write up by a blogger on the issue and a biodata of Justice Reyes.

I admire the Court for its swift action even as I am deeply saddened and embarrassed by the above scandal. The Reyes misconduct has weakened the Justice System of the already much-maligned and corrupt Philippine Government.

During my active service as a law professor of the Far Eastern University, Manila, I once had the chance to meet and talk with Justice Reyes. I found his personality to be humble and amiable. Nonetheless, his unethical conduct has further demoralized the Filipinos.


Justice Ruben Reyes Gets Swift Justice



A Supreme Court investigating panel has found sufficient evidence pointing to retired Associate Justice Ruben Reyes as the one who leaked the unpromulgated and confidential decision on the citizenship case of Negros Oriental Rep. Jocelyn Limkaichong. Aside from Reyes, the High Court also found two members of Reyes’ staff liable for the leakage.

In a unanimous decision, the en banc SC then found its former member liable for grave misconduct and fined him P500,000 to be charged to his retirement benefits. The High Court also disqualified Reyes from holding office in any government agency, including government owned or controlled corporations. He also faces disciplinary sanctions as a member of the Integrated Bar of the Philippines, possibly suspension from the practice of law. Ouch!

Others might see it as a slap in the wrist, as the fine constitutes only about 10% of what he will receive in retirement benefits. He has also enjoyed the other perks given to a retiring SC justice, including the traditional world tour with his wife at the Court’s expense.

But that still hurts, for a lawyer and magistrate of his stature. And half a million is still half a million, especially in these hard times. And so Justice Reyes wailed: “I can’t believe they are holding me responsible. I have the least reason to do that and the least motive.”

But notice that he could not categorically say that he didn’t do it, one reason why the investigating panel found him “notably evasive”. Instead of meeting the issue head-on, which an innocent man would do, he prevaricated. And got spanked for it.
Recall that the delay in the promulgation of the decision on the case was brought to public attention by businessman Louis Biraogo, who mysteriously got an advance copy.
Congresswoman Limkaichong won by 7,746 votes over Olivia Paras, wife of former Rep. Jacinto “Jing” Paras, in the 2007 congressional elections. The Paras camp had sought to disqualify Limkaichong from being a candidate over questions about her not being supposedly a natural-born Filipino. Biraogo was instrumental in filing the petition against Limkaichong. He and Jing Paras are fraternity brothers in U.P.’s Upsilon Sigma Phi.

The sudden disclosure was more than an embarrassment to Chief Justice Reynato Puno, as Biraogo accused the CJ of deliberately sitting on the citizenship case and favoring Limkaichong – an allegation that could have formed the basis for the rumored ouster bids against the chief magistrate. Malacanang reportedly wanted Puno out of the way because of his antipathy to constitutional change, and was orchestrating moves to ease him out.

The source of the leak was pinpointed as Justice Reyes. Which begs the question: why’d he do it ?

Accepting an outright bribe would be too crass. One possible reason is that Reyes was expecting some payback from Malacanang, in the form of a cushy sinecure or a juicy board seat or seats in any number of corporations. He was just feathering his retirement nest and was therefore being extraordinarily cooperative. But with the SC decision, that avenue has effectively been barred. And now he faces even more woes as his license to practice may be suspended or even revoked. And there was nothing his brods in Ateneo’s Fraternal Order of Utopia, Justices Renato Corona and Arthur Brion, could do to save his ass. In fact, Justice Corona was a member of the investigating panel which recommended the sanctions against Reyes. Neither can Malacanang intercede, considering the chilly relations between the CJ and GMA. Reyes has been left twisting in the wind.


See:
http://thewarriorlawyer.com/2009/02/26/justice-ruben-reyes-gets-swift-justice/




JUSTICE RUBEN T. REYES
(As of January 5, 2004; See: www.chanrobles.com))


A ranking Division Chairman of the Court of Appeals with the following credentials:

I. .Career jurist. Has traveled the model judicial route with unblemished integrity as a private and corporate practitioner (10 years), medalled Asst. City Fiscal of Manila (9 years), outstanding RTC Judge of Bataan and Manila (10 years) and multi-awarded Appellate Justice (10 years by 2-17-04).

II. .Legal and judicial experience ideally complemented by (a) 8 summer studies abroad (including California Judicial College, National Judicial College in Nevada, Harvard Law School in Massachusetts, Appellate Judges Seminar in Wyoming and Academy of American & International Law in Texas) and (b) law teaching (longest-serving national president of association of law professors.
He is also a (c) lecturer on 3 Bar subjects ¬ Criminal Law, Remedial Law and Practical Exercises; (d) resource person, UP Law Center Committees, Answering Bar Questions in Criminal and Remedial Law and (e) two-time seminar coordinator of World Assn. of Law Professors (W ALP).

III. .2002 Bar Examiner in Legal Ethics and Practical Exercises and nominee of the JBC to the Supreme Court. This will be his 5th nomination.

IV. .Skilled in legal and judicial writing. (a) Author of Bar Reviewer on Special Penal Laws and several articles published in law journals and reviews; (b) Editor of 3 judicial publications (PJA Newsletter, Bench Bulletin and CA Journal); (c) Member of the UP Law Center Board of Editors on Rules of Court in on Legal Education and Bar Matters; (c) Co-chair, SC sub-committee on Mandatory Continuing Legal Education (MCLE) for Practicing Lawyers; (d) Vice Chair, Dept. of Court Management, Phil. Judicial Academy; (e) Founder, Campaign for Law Literacy (CALL).

V. .Lecturer in MCLE/law seminars of the Integrated Bar (IBP), Phil. Judicial Academy (PHILJA) and Phil. Assn. of Law Professors (PALP).

VI. .At age 65 (on 1-3-04), he is in the pink of health and peak of his productivity. Has low pending caseload; maintains ZERO balance in criminal cases. Penned significant Decisions (Ex.: Bussin v. Isnaji and Misuari, ASS-CSN v. Bon. Daway, SA TELEC II v. NLRC, etc.)

VII. .Hails from HAGONOY, BULACAN with maternal roots in PANGASINAN. There has been NO Bulakeño in the Supreme Court for the past four / five decades.

VIII. . Recommended by (1) BANTAY-KATARUNGAN, (2) Women Lawyers Association of the Philippines (WLAP), (3) Philippine Association of Law Schools (PALS), (4) Philippine Bar Association (PBA), (5) Integrated Bar of the Philippines (IBP), etc.

IX. .Selected Awards: (1) 1999-97 Leadership Recognitions, Phil. Assn. of Law Schools (PALS) and 4 other law schools (2) 1996 CUP Outstanding Justice of the CA (3) 1997 Outstanding Citizen, Novaliches Foundation (4) 1998 Bulacan Province Dangal ng Lipi (5) 1999 National YMCA Presidential Awardee (6) 2000 IBP Manila IV Recognition (7) 200l New Millennium Achiever (8) 2001 Huwarang Pilipino in Law and Judiciary (9) 2002 Dangal ng Bayan, Hagonoy, Bulacan ( 10) 2003 Recognition, Bulacan Integrated Bar.