SC denies petition by ex-SolGen seeking to inhibit judge for alleged bias in Imelda case

September 21, 2018

The Supreme Court has denied a petition filed by the late Solicitor General Frank Chavez, which assailed a 2008 ruling by the Manila City Regional Trial Court acquitting former First Lady and incumbent Ilocos Norte Rep. Imelda Marcos of allegedly violating the Central Bank law for illegally stashing millions of dollars in offshore bank accounts, particularly in Switzerland.

In a 53-page decision penned by Associate Justice Marvic Leonen, the SC’s Third Division sustained the ruling of the Court of Appeals that denied Chavez’s petition seeking the inhibition of Judge Silvino Pampilo Jr. of the Manila City RTC whom he accused of bias in handling of the government case against Marcos.

The High Tribunal ruled that there was “no concrete proof” of the judge’s personal interest in the case.

"There was nothing remarkable about the denial of the motion to Inhibit. It was not hasty, and whether to deny it orally in court is the prerogative of the judge, who could have decided it as soon as its factual basis had been clearly laid," the SC held.

"The claim that (Chavez's) testimony would have saved the prosecution's case is baseless," the high court said.

In 2008, Pampilo absolved Marcos and Hector Rivera of the charges on ground of reasonable doubt, citing "various failures" of the prosecution.

The Manila court found the government's evidence deficient based on hearsay, noting that despite the case being anchored on documents from Swiss authorities, only two witnesses with no personal knowledge of the papers were presented.

"Thus, the Regional Trial Court found that the prosecution failed to present competent proof of the alleged offense and of the conspiracy among the accused," the high court observed.

The Supreme Court also rebuked the government prosecutors for what it described as "lackadaisical" resolve to prosecute Marcos.

"The lower court's liberality in granting the various continuances does not seem to have been met by the presentation of evidence with a depth and quality that would have shown the diligence and seriousness of the prosecution," the SC said.

“Prosecutors for the government should always remember that their work does not end with public announcements relating to the filing of informations against those who have committed nefarious raids on our public coffers. Their work is to professionally present the evidence marshaled through painstaking and fastidious investigation,” the tribunal said.

The SC pointed out that “prosecutors should avoid the soundbite that will land them the headlines in all forms of media,” and  “instead, they should do their work and attain justice and reparations for our people wronged by selfish conniving politicians who do not deserve their public offices.”

The tribunal also said that "fatal errors" -- such as a "habit of postponements and a lack of preparation" -- cannot be glossed over by appeals that reach even the SC, which he called a "fool's strategy." DMS