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IBP to probe 2 CA justices over corruption allegations


(UPDATED 10:25 p.m.) The Integrated Bar of the Philippines has decided to investigate two Court of Appeals justices, who were accused of each getting P25 million for stopping the suspension of Makati Mayor Junjun Binay with a temporary restraining order.

"The IBP... will conduct its own investigation on the alleged corruption in the judiciary and hold a meeting where all those claiming corruption in the judiciary will be invited," IBP national president Vicente Joyas said in an interview on Monday.

Joyas said the Senate - as requested by Sen. Antonio Trillanes IV who hurled the accusations against the CA justices - cannot probe Justices Jose Reyes Jr. and Francisco Acosta due to the separation of powers of the government branches.
 
The IBP is the national organization of lawyers in the Philippines and the mandatory bar association for Filipino lawyers.

The IBP, through a representative, is part of the Judicial and Bar Council, the constitutional body tasked to recommend to the president appointees to the Supreme Court and lower courts, including the Court of Appeals.
 
Atty. Maria Milagros N. Fernan-Cayosa is the current JBC regular member representing the IBP

Probe starts April 22
 
The "whole day, full-scale" investigation will be held on April 22, he said.

Joyas said the IBP probe would be like a preliminary investigation, in which the panel would "assist" in gathering evidence and determining if the allegations have basis.

He said the findings of the IBP probe would be forwarded to the Supreme Court. If a case stands against justices, the IBP can end up being one of the complainants before the SC, he said.

Joyas however clarified that only the accusers would be invited to the IBP probe, and not the CA justices, since the lawyers group has no jurisdiction over them.

Congressional leaders
 
Even Senate President Franklin Drilon and House Speaker Feliciano Belmonte will be invited by the IBP in case they also have inputs on the alleged corruption in the CA.
 
"Kung may evidence we will help them. Pero kailangan hard evidence, hindi hearsay. Kung mayroong ebidensya, i-demanda. Kung wala, itigil na ang insinuation kasi masisira ang judiciary as an institution," said Joyas.
 
Joyas advised Trillanes to instead file a formal complaint against the CA justices with the Supreme Court.
 
"They must address the grievances to the SC. SC ang may tamang jurisidiction to handle these complaints," said the IBP chief, adding that these complaints are usually considered confidential.
 
Joyas emphasized the importance of ferreting out the truth behind Trillanes' accusations, saying the issue affects the entire law profession in the country.
 
"The IBP must act on this. Apektado din ang mga abugado dito. The members of the judiciary are all lawyers," stressed Joyas.

Justice for sale?

In a resolution calling for a Senate probe on the alleged “justice for sale” system at the CA, Trillanes cited “reliable sources privy to the matter” in alleging that Reyes and Acosta received P20 million each to issue a temporary restraining order (TRO) on Binay’s suspension last March 16.
 
Trillanes also accused the two CA justices of receiving an additional P5 million each upon the subsequent issuance of a writ of preliminary injunction to stop Binay’s suspension indefinitely.
 
The senator said these “transactions” were allegedly facilitated by lawyer Pancho Villaraza, who is supposedly supporting the presidential campaign of Vice President Jejomar Binay, Mayor Binay’s father.
 
Junjun Binay was preventively suspended over allegations of overpricing in the construction of the Makati City Hall Building II. The CA initially issued a 60-day TRO, then eventually came out with an indefinite writ of preliminary injunction against the suspension.

Sue Binay, justices

The Binay camp dared Trillanes to prove in court his allegation of bribery.
 
“Kung talagang totoo ang mga sinasabi niya at may ebidensiya siya ay magsampa na lang siya ng bribery case sa mga inaakusahan niya,” Binay's spokesperson, Navotas Rep. Toby Tiangco said in a phone interview with GMA News Online.
 
Tiangco, who is also the interim president of United Nationalist Alliance (UNA), likewise slammed Trillanes for allegedly destroying the reputation of the judiciary but was not man enough to take responsibility for his allegation.
 
“Malakas ang loob niya mag akusa during Senate hearing kasi as a senator, may parliamentary immunity siya. Bakit hindi sa proper court niya isawalat lahat iyan? Kasi halatang halata na nag-iimbento lang siya,” he said.

Harassment, intimidation

In separate statements, Reyes and Acosta accused Trillanes of trying to intimidate the members of the judiciary through harassment.

"The TRO and preliminary injunction were issued by the 6th Division of the Court of Appeals, acting as a collegiate body, after observing a meticulous, impartial and judicious evaluation of prevailing laws, jurisprudence and evidence presented by the parties," Reyes said.

"Baseless accusations constitute harassment that seek to threaten magistrates in our bounden duty to discharge justice based on fairness, impartiality and the rule of law, and undermines the integrity of the judiciary as an institution and weakens the people's faith in our legal processes," he added.

Reyes said the judiciary must be "insulated from partisan politics," stressing that the CA dispensed justice based on the rule of law and established evidence.

'The Firm' dares Trillanes to bare sources

In a statement, the Villaraza and Angangco Law Offices "vehemently denied" and branded as "baseless" the lawmaker's claim that CA Justices Jose Reyes Jr and Francisco Acosta each received P25 million to issue a temporary restraining order and a writ of preliminary injunction in favor of Binay.

Trillanes said the transactions were facilitated by lawyer Pancho Villaraza, who is said to be a supporter of Vice President Jejomar Binay, mayor Binay's father.

"Mayor Junjun Binay is not a client of the firm, and specifically, the firm does not represent the mayor in the cases filed against him," said the law firm in a statement signed by managing partner Bienvenido Somera, Jr.

Somera said Trillanes may be "misled and dragged by adversaries" of the law firm into the Binay mess.

"In the spirit of fairness and in accordance with due process, we challenge Senator Trillanes to reveal who his 'reliable sources' are, and more importantly to produce proof to support his libelous statements," said Somera. — RSJ/NB/ELR/KG, GMA News

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