‘Garchitorena relief a wake-up call for judges’

The indefinite relief of Sandiganbayan Presiding Justice Francis Garchitorena should serve as a warning for judges to observe the guidelines set by the Supreme Court in deciding cases, Justice Secretary Hernando Perez said yesterday.

"The decision of the SC with respect to Garchitorena is sending a signal to the judiciary, and that signal is to decide the cases within the period provided for by the rules," Perez said.

Perez said the suspension is consistent with the SC’s goal to have a zero backlog in cases.

Lower courts as well as the Sandiganbayan are given 90 days to resolve cases that have been submitted for decision. Garchitorena was slapped with the sanction after the 40,000-strong Integrated Bar of the Philippines complained last year that the anti-graft court has slept on more than a hundred cases, some of which date as far back as 10 years.

With the enactment of the Speedy Trial Act of 1998, judges are also mandated to resolve cases that have been filed in their salas within six months from the time they were filed.

Some SC justices said Garchitorena, who heads the court’s first division, has a habit of delegating the writing of decisions to either his subordinates or to the four other divisions.

Of the 415 cases pending in the Sandiganbayan, 341 have been assigned to the first division.

Garchitorena, whose suspension took effect yesterday, was also fined P20,000 for gross neglect of duty.

Confirmation of Perez urged

Local city executives are pushing for the confirmation of Perez by the bicameral Commission on Appointments (CA).

In a letter to Senate President Franklin Drilon, who is also president of the powerful CA, the League of Cities of the Philippines cited Perez’s track record as a public servant and continuing commitment to uphold the rule of law.

"The League of Cities of the Philippines believes in the integrity, competence and leadership abilities of Secretary Perez," LCP president Francis Tolentino of Tagaytay City said.

Tolentino said Perez is among the country’s best corporate lawyers whose expertise was very helpful during the impeachment trial of then President Joseph Estrada.

He also said that Perez has a good public record as a former secretary of transportation and communications, as well as a former congressman.

As justice secretary, Perez led a team of government and private prosecutors in the preparation and filing of the plunder and a number of other cases against Estrada now pending in the Sandiganbayan.

Tolentino added that Perez’s extensive legal background and rich experience in the legislature, the academe and private legal practice are assets to the Arroyo administration.