Wednesday, September 1, 2010

Good image vs. transparency and accountability

The Supreme Court's Committee on Ethics and Ethical Standards is composed of the following members of the Court: RENATO C. CORONA, Chief Justice; TERESITA J. LEONARDO-DE CASTRO, Vice-Chairperson; ROBERTO A. ABAD, Member; JOSE PORTUGAL PEREZ, Member; JOSE CATRAL MENDOZA, Member; and Retired JUSTICE JOSE C. VITUG, Observer-Consultant.

Pursuant to Rule 2, Section 13 of The Internal Rules of the Supreme Court creating a Committee on Ethics and Ethical Standards and Memorandum Order No. 35-2010 dated July 27, 2010, Organizing the Committee on Ethics and Ethical Standards (the Ethics Committee), the said committee adopted last month its investigation guidelines:



GUIDELINES FOR INVESTIGATION


1. The Ethics Committee shall take cognizance only of cases or administrative matters referred to it by the Court En Banc.

2. The proceedings before the Ethics Committee shall be confidential in
nature.

3. The Ethics Committee may require the submission of such verified
pleadings, affidavits, or statements, as it may deem necessary.

4. The Ethics Committee may call interested parties or their witnesses to
appear before it in order to provide statements or to answer
clarificatory questions.

5. The applicable requirements of due process shall be observed in the
proceedings of the Ethics Committee.

6. A record of the proceedings of the Ethics Committee shall be kept in
the custody of the Clerk of Court.

7. The Ethics Committee shall, upon completion of its investigation and
after its due deliberation, submit its findings and recommendations to
the Court En Banc for the latter’s final disposition of the case.

8. The Rules of Court shall apply suppletorily as may be deemed
appropriate by the Ethics Committee.


AS I HAVE WRITTEN IN MY PAST BLOGS, THE SUPREME COURT TREATS ALL ADMINISTRATIVE OR DISCIPLINARY CASES OF JUSTICES, JUDGES, LAWYERS, AND COURT PERSONNEL WITH UTMOST SECRECY ("CONFIDENTIALITY"), WHICH MEANS, THE PRESS AND THE CIVIL SOCIETY CANNOT HAVE ACCESS TO THE RECORDS THEREOF WHILE THE INVESTIGATIONS ARE ONGOING, INTENTIONALLY KEEPING THE PUBLIC IN THE DARK TO PRESERVE THE GOOD IMAGE OF THE INSTITUTION, SO TO SPEAK.

BUT WHAT IS MORE IMPORTANT --- IMAGE BUILDING OR TRANSPARENCY AND ACCOUNTABILITY? -- FEAR OF PUBLIC SHAME OR DEMOCRATIC OPENNESS?

YOU ANSWER THE QUESTIONS AS A FREE MAN.