MANILA, JUNE 11, 2011 (STAR) By Delon Porcalla - President Aquino's choice for the next ombudsman will be limited to names in the shortlist provided by the Judicial and Bar Council (JBC).
Presidential spokesman Edwin Lacierda stressed Aquino is helpless if the name of his preferred ombudsman, Supreme Court Justice Conchita Carpio-Morales, is not in the list.
"Constitutionally, we are bound by the (JBC) shortlist," Lacierda told reporters, implying that they cannot do anything if Carpio-Morales is not included in the list of candidates for ombudsman.
Lacierda said there was an incident where former President Gloria Macapagal-Arroyo returned the list to the JBC but the nine-man body tasked to screen applicants to the judiciary made no amendments and submitted the same list to her.
"You (President, as appointing authority) are required to approve from the list that they (JBC members) submitted," Lacierda explained.
"Before it (JBC shortlist) is submitted to us, we, in the executive branch, can perform no function."
"They are responsible members of the JBC who are doing their job of vetting the next ombudsman. We don't even know who are on the shortlist. There are plenty of qualified individuals," he said.
Lacierda earlier took exception to claims made by Arroyo that Carpio-Morales does not have the independence required of an ombudsman.
Lacierda said Carpio-Morales had shown her independence based on the number of decisions that went against the Arroyo administration.
Lacierda defended Carpio-Morales from critics, pointing out her voting record alone is proof of her impartiality.
'Overreacting'
Arroyo's allies, on the other hand, chided Lacierda for taking up the cudgels for Carpio-Morales.
Zambales Rep. Milagros Magsaysay said Lacierda was "overreacting" and his statements were "premature" and "posturing."
"In the first place, everybody has the right to file their opposition to any candidate for any judicial post before the JBC whether it's Juan de la Cruz or GMA (Arroyo)," Magsaysay said.
"Malacañang must let the JBC do its work peacefully. Malacañang must respect the independence of the JBC," she said.
Magsaysay advised Lacierda to "cool his lips and not undermine the independence of the JBC."
She said it is routine for the JBC to receive numerous letters of opposition and "GMA's (letter) is just one of them."
She said if there was anybody that should answer the letter of opposition, it should be Carpio-Morales and not Malacañang.
"I suppose many nominees have their own letters opposing their candidacies so why are they singling out Justice Carpio-Morales in defending her? Is she special to Malacañang? Are they threatened by the former president?" Magsaysay said.
Arroyo, now representing the second congressional district of Pampanga, filed her opposition to the inclusion of Carpio-Morales as candidate for the next ombudsman.
"If appointed ombudsman, I sincerely believe that Justice Conchita Carpio-Morales would not have the required 'independence' and impartiality in resolving cases involving me and my family," she said.
Arroyo said that while Carpio-Morales was a member of the High Court, in major cases involving her administration, "and lately, involving efforts to investigate graft and corruption cases committed likewise during my administration, she has consistently voted to nullify or validate such acts."
Arroyo said Carpio-Morales' views in the bench did not generally prevail as the Supreme Court is a collegial body composed of the chief justice and 14 associate justices.
Arroyo explained the ombudsman would be acting alone in the performance of his or her responsibilities.
Arroyo noted the JBC published invitations for the public to submit opposition to any of the 27 applicants.
"I trust that the JBC will have no difficultly identifying applicants who possess the required 'probity and independence' to act on cases brought before the Ombudsman, including those against myself, my immediate family, and others who served in my administration," Arroyo said.
There were others who also opposed the nomination of Carpio-Morales, including former ombudsman Aniano Desierto and a lawyer who accused her of gross negligence.
Desierto pointed out the age of Carpio-Morales would make it difficult for her to perform her job.
Lawyer Delfin Catapang Jr. filed his objection to the nomination of Carpio-Morales complaining that the lady magistrate denied him of P200,000 in attorney's fees in representing a case.
White paper
There were other efforts to discredit Carpio-Morales, particularly the circulation of numerous documents alleging the retiring magistrate is also guilty of plagiarism.
Associate Justice Lourdes Sereno yesterday denied accusing her colleague of plagiarism.
"I have not made any statement, privately or publicly, criticizing Justice Conchita Carpio-Morales for the way she has written any of her
ponencias (decisions) or opinions. In all my professional dealing with Justice Conchita Carpio-Morales, she has demonstrated utmost honesty, dedication and a high sense of public accountability," Sereno said in a statement.
A three-page document circulating in the offices of the Supreme Court claimed Carpio-Morales lifted several sources on her decision that declared the Memorandum of Agreement on Ancestral Domain (MOA-AD) for the Bangsamoro people of Mindanao as unconstitutional in October 2008.
The STAR reported the document showing Carpio-Morales had quoted at least 11 sources in the ruling she had penned. There was attribution of sources, but Carpio-Morales supposedly did not use quotation marks on the phrases she borrowed verbatim.
Sereno described as "completely untrue" her purported statement that Carpio-Morales could be liable for plagiarism in writing the decision.
The document surfaced in the SC amid mounting opposition to the bid of Carpio-Morales to become the next ombudsman.
Arroyo and her former justice secretary Raul Gonzalez on Wednesday opposed the nomination of Carpio-Morales before the JBC.
The JBC is expected to discuss the objections against the bid of the justice handpicked by President Aquino to administer his oath of office last year to replace Merceditas Gutierrez who resigned as ombudsman last May 6. – With Paolo Romero, Edu Punay
Chief News Editor: Sol Jose Vanzi
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