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De Lima accuses SC of sitting on her disbarment cases

August 9, 2012 5:03pm

(Updated 8:33 p.m., 9 August 2012) Justice Secretary Leila de Lima on Thursday accused the Supreme Court (SC) of deliberately sitting on her disbarment cases, which she said may derail her bid to become the next chief justice.
 
“Why did they have to really sit on those disbarment complaints, which they could have easily disposed of several months ago? Now that I am nominee (for chief justice), ‘yun na ngayon ang pinaka magiging block,” De Lima told reporters at the House of Representatives.
 
De Lima was at the House to defend her department's budget before members of the chamber's committee on appropriations.
 
The DOJ secretary also questioned the timing of the high court’s referral of her disbarment cases to the Integrated Bar of the Philippines (IBP).
 
“Instead of summarily dismissing them [the cases], they were referred to the IBP at the last minute, the very day after the deadline for acceptance of nominations… Naipit naman yata ako sa sitwasyon na iyan,” she said.
 
The IBP has twice rejected De Lima’s appeal to junk the disbarment cases filed against her. The DOJ chief asked the IBP to “summarily dismiss” the complaint citing lack of merit.

The IBP, however, said that it could not grant De Lima’s request, since the SC asked the body to pursue its probe on the Cabinet official’s cases.
 
De Lima’s pending disbarment cases include one filed by Attorney Agustin Sundiam and the other by Attorney Ricardo Rivera. 
 
De Lima was accused by Sundiam of publicly bashing former Chief Justice Renato Corona. On the other hand, Rivera wanted De Lima disbarred following the Justice chief's defiance to a temporary restraining order issued by the high court that allowed former President Gloria Macapagal-Arroyo to travel abroad late last year.
 
“Preliminary finding of merit”
 
Supreme Court spokesperson Ma. Victoria Gleoresty Guerra said the high court could not simply have junked the disbarment cases against De Lima since there was "preliminary finding of merit" in the complaint.
 
"The SC found a prima facie case against Sec. De Lima so it did not summarily dismiss the disbarment complaints against her and instead referred it to the IBP for investigation, report, and recommendation," Guerra said.
 
"The first disbarment complaint against Sec. De Lima was in fact referred by the SC to the IBP as early as April," she added. 

‘Difficult to accept’
 
The DOJ chief also admitted that it would be “very difficult” for her to accept if the Judicial and Bar Council (JBC) disqualifies her as nominee for the next chief justice.
 
“Pwede ko siguro tanggapin na less than the majority of the JBC members would not consider me as fit enough to land in the shortlist,” she said.
 
“Ang hindi ko lang matanggap ay first base pa lang, hindi na ako ikoconsider because of the pendency of those disbarment complaints,” she added.
 
Under Section 5 of Rule 4 of the Rules of the JBC, a person is barred from vying for a post in the judiciary if he or she has a pending criminal or regular administrative case. A disbarment case is considered as an administrative case.
 
De Lima further said she is still hopeful the JBC will “exercise its judicious discretion and judgment by looking into the circumstances surrounding the disbarment complaints.”
 
The JBC is expected to come up with a shortlist of candidates for the next chief justice on Friday. The list will be submitted to President Benigno Aquino III, who has until August 27 to appoint a new head of the judiciary. — RSJ/DVM, GMA News



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