PRESIDENT Benigno Aquino III has appointed Solicitor General Francis Jardeleza as Associate Justice of the Supreme Court (SC), amidst allegations of the latter’s ‘disloyalty’ to the Philippines.
Though he was the president’s choice to fill the SC vacancy, Jardeleza was initially excluded in the short list of candidates. Based on the supplemental comment submitted by the Judicial Bar Council (JBC) to the SC in reply to Jardeleza’s petition for inclusion in the list, three reasons were pointed out.
The most striking among the issues raised was “his actuations in handling the West Philippine Sea case” that bore heavily on his bid as an Associate Justice.
According to documents, the JBC said it was “forced to break the confidentiality of its proceedings and tackle sensitive national interests to prevent a potential ‘traitor’ from becoming an SC justice.”
Jardaleza was the country’s chief state lawyer who spearheaded the arbitration case at The Hague in the Netherlands.
Chief Justice Maria Lourdes Sereno accused Jardeleza of lacking integrity, and committing acts tantamount to treason by undermining Philippine interests when he “deliberately” pushed for the exclusion of Itu Aba, the largest island in the Spratly Group of Islands, for discussion in the memorandum submitted to the United Nations-backed tribunal.
Sereno insisted that Jardeleza is “unfit” to become a member of the SC. “The non-inclusion of petitioner of Itu Aba in the Philippine claim, despite being informed of the dire consequences if this issue were ignored, was a violation of his fiduciary obligation to the Republic of the Philippines; by extension, it was a violation of his oath of office as Solicitor-General, as an attorney of law and as citizen of the Republic of the Philippines,” the Chief Justice said.
There were also also allegations of the Solicitor General’s extra-marital affair and insider trading that led to a “show-cause order from the Philippine Stock Exchange.”
In addition to the Chief Justice’s tirades, anti-pork barrel and militant group Bayan insisted that the appointment of Jardeleza is “part of President Benigno Aquino’s war with the court in connection with the controversial Disbursement Acceleration Program (DAP).”
“Justice Jardeleza now owes Aquino big time. It was Aquino who exerted extra effort o delay appointing a new SC justice until Jardeleza was included in the Judicial Bar Council shortlist… so Jardeleza’s independence would naturally be questionable,” Bayan secretary general Renato Reyes Jr. said.
The militant stressed out that there is a link between the appointment and the ruling on DAP and the Enhanced Defense Cooperation Agreement (EDCA) with the US government.
“These two petitions remain pending before the SC. It seems the Jardeleza appointment is still in line with the SC in the aftermath of the DAP ruling,” Reyes said.
Jardeleza triumphed over denouncements in his credibility as a lawyer but that does not mean that he must consider his appointment as a “debt” to the president of the country.
Looking at the newly appointed Associate Justice’s credential, there is no doubt that he deserves the position. Yes, there may be issues but with such experience, why not give it a try?
Being a professor of constitutional law for two decades at the University of the Philippines, Jardeleza must have enough knowledge about the legality of matters.
In ruling the DAP case, Jardeleza should inhibit, if not, then that may be a basis for impeachment, worse, disbarment. The Supreme Court is an independent body deciding on legal matters, Aquino’s appointment must not affect his discretion as an Associate Justice.
He already gained his spot at the SC, it is now his time to prove his critics that he deserves his promotion.
(AJPress)
