Beruflich Dokumente
Kultur Dokumente
SUPREME COURT
MANILA
EN BANC
URGENT PETITION
(For Transfer, Disqualification and/or Substitution of
Justices Presbitero J. Velasco, Jr., Diosdado M. Peralta
and Lucas P. Bersamin from the House of
Representatives Electoral Tribunal)
1
and the Chairman of the House of Representatives Electoral
Tribunal (HRET).
2
HRET, against the Petitioner, was dismissed by the HRET on
28 November 2013. A copy of the 28 November 2013
Resolution is attached hereto as Annex E.
3
certain Pedro Salindong, the father of counsel for
petitioner, Atty. Danilo F. Salindong, at the latters
office address of record at JCLGE Building, 3573
Sandico St., Barangay Tejeros, Makati City.
4
Victor Vela Sioco --- the HRET issued Resolution No. 14-081 2
with respect to HRET Case [HRET Case No. 13-036 (QW)] and
the case entitled Eric Del Mundo Junio vs. Regina Ongsiako
Reyes (Lone District, Marinduque) [HRET Case No. 13-037
(QW)], to wit:
2
A copy of which is attached as Annex G.
3
A copy of which is attached as Annex H.
4
G.R. No. 207264.
5
Justice Peralta was on official leave. In the Resolution 5 of the
Motion for Reconsideration, all three Justices took no part in
the proceedings with Justice Velasco specifically inhibiting
himself from the case.
20. After all, the subject case involves, not only the
son of a sitting member of the Supreme Court, but the
7
Section 5 (6), Article VIII, 1987 Constitution.
7
Justice-Father himself continues to head the body (i.e.
HRET) that is vested by the Constitution with the power to
decide whether to award the disputed Congressional seat
to his own son.
8
Vitug, Marites Danguilan. Shadow of Doubt Probing the Supreme Court, pp. 91-92.
8
justices to intercede in behalf of litigants and intervene in
pending cases. No less than six judges and justices have
been narrated in the book to have reported receiving calls
from the Justice/Father/HRET-Head who allegedly sought to
intervene in pending cases.9
Over his years in the judiciary, lawyers and judges gave Velasco the
moniker practicing justice. Initially, it referred to his frequent
visits to his former law firm when he was a Court of Appeals justice,
as alleged by Pea. This since evolved to refer to his penchant to
intervene in cases, as the judiciary watchdog, Bantay Katarungan,
complained about to the JBC. (Vitug, Marites Danguilan. Shadow of Doubt
Probing the Supreme Court, pp. 91-92.Emphasis supplied)
10
But how far car a father help a son Win an election raceif he
happens to be a Indio, of the Supreme Court ? Not That far, if judicial ethics
were to be followed.
"He (Justice Velasco) called to invite me to run for counselor with his son
and to attend a mining in his residence. I couldnt attend the meeting and I
declined his offer," Marife Pastrana, barangay captain, said in an interview.
"He said I shouldn't worry about campaign expenses, he'll take care of the
funds" Pastrami said she preferred to stay on as barangay captain.
9
27. It is true that the charges and accusations have
not been proven in any proceedings. But it is likewise
equally true that the charges and accusations remain
hanging, unresolved and are highly material
considerations in the application of the Supreme
Courts mantra-like admonition that (l)ike
Caesars wife, a judge must not only be pure but
above suspicion.
Norma Villar, also a barangay captain, received the same offer from Justice
Velasco. Villar declined as well.
Pastrami said she was able to attend a meeting in the elder Velascos
residence once. These meetings, hosted by Allan, gathered barangay
officials and were usually held on weekends. The Justice was usually around
and spoke with some of the local leaders, shook their hands, and asked
them to support his son.
After every meeting, the barangay officials were reimbursed for their
transport expenses, anywhere from P100 to P300 each. Justice Velasco did
not participate in distributing the cash.
But Justice Velasco said that he "dissuaded him (Allan) from running and
explained the sacrifices and difficulties relating to a political career." Re
went on in his letter: "He decided that he has a good chance of winning in
view of his exposure as provincial administrator. I told him to fully
familiarize himself with election laws and Comelec rules and to act within
the confines of law."
In the Philippines, where family ties are strong, ethical conduct demands
much more from the Justices. Two sections in the New Code of Judicial
Conduct (2007) provide guidance on this sensitive area: Judges should not
"use or lend the prestige of the judicial office to advance their private
interests, or those of a member of their family"; and "Judges shall not allow
family, social or other relationships to influence judicial conduct."
Allan Velasco needed all the help he could get to win the contest against
the Reyeses, an entrenched political family. The question is how much of
this would have come from his father? (Vitug, Marites Danguilan. Shadow of
Doubt Probing the Supreme Court, pp. 238-239. Emphasis supplied)
10
Like Caesars wife, a judge must not only
be pure but above suspicion. A judges
private as well as official conduct must at
all times be free from all appearances of
impropriety, and be beyond reproach.
11
the lone district of Marinduque coupled with his wife 11 herself
as a representative of a party-list group from the sector of
persons with disability the group of the blind.
12
Judge Bersamira, this Court underscored the need
to show not only the fact of propriety but the
appearance of propriety itself. It held that the
standard of morality and decency required is
exacting so much so that a judge should avoid
impropriety and the appearance of impropriety in
all his activities. The Court explains thus:
13
impropriety, and be beyond
reproach.
14
in the judiciary is eroded by irresponsible or
improper conduct of judges.
15
with is not so much the question of whether Justice Velascos
stay in the HRET is prejudicial to the institution as much as
whether Justice Velascos continued stay therein creates an
appearance of impropriety considering the cases involving
his son and possibly, his wife.
16
made part of the agenda of the Tribunal for its 13 March
2014 session.
17
action was taken by the Tribunal on the pending petitions by
involving Petitioner in the cases. Who set these cases as part
of the calendar for the 13 March 2014 deliberations of the
Tribunal is as yet to be disclosed by the Tribunal. Any
disinterested person cannot be faulted from suspecting
concluding even --- that given his powers, it was the
Chairperson of the Tribunal who set the cases in the calendar
of the HRET.
18
that his decision was prompted by considerations of
political favors, horse-trading, or favor-swapping that
would affect political alignments in the intense politics in
the province of Abra.
16
G.R. No. 207264.
17
p. 10.
18
p. 13.
19
52. It would now be unthinkable for Justice Bersamin
not to carry such judgment that he made in the 25 June
2013 Resolution of the Court into the deliberations in the
cases for quo warranto against the Petitioner before the
HRET if it would even come to that considering the
deviation from the established rules of the Tribunal that has
been so far decreed in the case of the Petitioner. 19
54. Justice Bersamin had more than one (1) year since
the promulgation of the Decision in the Reyes vs. Comelec
case within which to disqualify himself from the proceedings
before HRET. He has not done so and appears not inclined to
do so. It is in the spirit of renewing or maybe restoring the
integrity of the Courts that this petition to disqualify Justice
Lucas P. Bersamin is therefore being filed considering that he
was merely designated to the post.
20
on account of his being a Member of the HRET and voted
with the majority.
58. On the same day, the HRET also granted the Motion
to Withdraw the Election Protest filed by Lord Allan Jay Q.
Velasco in HRET Case No. 13-028 via its Resolution No. 13-
228. Only a copy of the Resolution is attached hereto
because the Secretariat of the HRET decided not to issue a
certified true copy since undersigned counsel was not the
counsel of Petitioner in the Protest Case, despite counsel
having entered its appearance as Petitioners counsel in the
pending cases and despite he fact that the document
requested is a public document.
21
intervention was paid and yet, the HRET presided by Justice
Peralta favorably acted on it on 13 March 2014.
22
conduct, and should be free from any appearance
of impropriety in the discharge of their official
duties as well as in their personal behavior and
everyday life. No position exacts a greater
demand for moral righteousness and uprightness
on the individual than a seat in the Judiciary.
Where we significantly differ with the Report is in its
sweeping implication that any use of a courts
letterhead for non-official transactions would
necessarily expose the user to liability for "impropriety"
or giving the "appearance of impropriety".
23
By using his salas stationery other than for
official purposes, respondent Judge evidently used the
prestige of his office x x x in violation of Rule 2.03 of
the Code.
24
but must be above suspicion.4 The respondent
Judge, even if he did not intend to take undue
advantage of the use of his letterhead and his title, at
least gave the appearance of impropriety when he did
so under the circumstances of his use. To this extent,
we find him sufficiently liable to merit the admonition
and warning of this Court regarding any future
inappropriate use of his letterhead and title. We limit
ourselves to an admonition and warning since this is
the respondents first brush with our ethical rules and
no bad faith or ill motive attended his actions.
(emphasis supplied)
x x x.
PRAYER
26
RESPECTFULLY SUBMITTED.
By:
H. HARRY L. ROQUE, JR
Roll No. 36976
PTR No. 4264493/30 Jan 2014/Makati
IBP Lifetime No. 01749/PPLM
MCLE Exemption No. IV-000513/15 Feb 2013
ROGER R. RAYEL
Roll No. 44106
PTR No. 9308264/3 Feb 2014/Quezon City
IBP Lifetime No. 02159/Quezon City
MCLE Comp. No. IV-017519/19 Apr 2013
EXPLANATION
27
A copy of the foregoing pleading was served by
registered mail due to the inadequacy of messengerial
service of the office.
ROGER R. RAYEL
Copy furnished:
28