Arroyo opposes SC Justice Morales' Ombudsman bid

(Updated 4:04 p.m.) Former President and current legislator Gloria Macapagal-Arroyo and a close political ally have formally lodged their opposition to the Ombudsman nomination of outgoing Supreme Court Associate Justice Conchita Carpio-Morales, who was known to dissent on cases decided in Arroyo's favor during her presidency. In a letter to the JBC on Monday, Mrs. Arroyo said that based on Morales' voting pattern in the high court, the retiring magistrate may not be impartial in handling cases involving her and her family. "If appointed Ombudsman, I sincerely believe that Justice Morales would not have the required independence and impartiality in resolving cases involving me and my immediate family," Mrs. Arroyo said. "While a member of the Supreme Court, in major cases involving my 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. "While her views did not generally prevail because the Supreme Court is a collegiate court composed of a chief justice and 14 associate justices, Ombudsman would be acting alone in the performance of his responsibilities," Mrs. Arroyo added. Gonzalez opposition Former Department of Justice (DOJ) secretary Raul Gonzalez also filed his opposition to Morales' nomination. In a letter to the JBC on Monday, Gonzalez said that the 1987 Constitution requires that an Ombudsman must be a person of probity and independence. "Based on my personal knowledge and observation, [Morales] miserably failed to meet such requirements and hence, must not be considered for such position." Gonzalez, in a separate affidavit, noted that Morales and her cousin, SC Associate Justice Antonio Carpio, have consistently voted against the interests of the Arroyo administration. "In her career as member of the high court, her probity and independence is suspect as she almost always voted in tandem with Justice Antonio Carpio in all cases on the Arroyo administration and, hence, raising the suspicion that she merely adheres rather than maintains her own mind. Verily, Justice Carpio Morales could not claim to have the cold neutrality and independence, which are important criteria in the selection of the next Ombudsman," said Mrs. Arroyo's former DOJ chief. GMA News Online sought Morales for comment but her office said that "we do not give any reaction." Morales, who is set to retire on June 19, has been known for opinions unfavorable to former President Arroyo's interests. She is also reportedly among President Benigno Aquino III's top picks for the Ombudsman post, which had been embroiled in controversy during the tenure of Merceditas Gutierrez, who was reputed to be pro-Arroyo. Pattern of dissent In October last year, the majority of the SC justices issued an order that temporarily stopped the House justice committee's impeachment proceedings against then Ombudsman Merceditas Gutierrez. Morales, SC Justice Antonio Carpio, and SC Justice Maria Lourdes Sereno formed the minority which said there was no legal impediment to the House panel's proceedings. But the high tribunal took a different turn in February this year, when the SC majority lifted the order and allowed the House panel to resume its proceedings. The House eventually impeached Gutierrez and the impeachment case was transmitted to the Senate. Ten days before the Senate could start the impeachment trial, Gutierrez announced she was leaving her post. Her resignation took effect May 6. In March 2010, Morales was the lone dissenter when the majority of the SC justices voted to allow then President Arroyo to appoint the next chief justice during the elections appointment ban from March to June 2010. Mrs. Arroyo eventually appointed Renato Corona to be the successor of then retiring chief magistrate Reynato Puno. In 2008, Morales was among the dissenters when the majority of the justices allowed former Socioeconomic planning secretary Romulo Neri to invoke his executive privilege in connection with the allegedly overpriced $329-million national broadband deal with the Zhong Xing Telecommunications Equipment (ZTE) Corp. That same year, Morales penned the majority decision that said the Arroyo administration's Memorandum of Agreement on Ancestral Domain (MOA-AD) with the Moro Islamic Liberation Front (MILF) was unconstitutional. In the Lambino vs. Comelec case in 2006, Morales also voted against the people's initiative to amend the 1987 Constitution. The people's initiative was supposedly a move by the Arroyo administration's allies to extend Mrs. Arroyo's term of office. Chavez, Diokno nominations also opposed In his letter to the JBC, Gonzalez also said that he is opposing the nomination of former Solicitor General Frank Chavez, whom he said "does not meet the qualifications prescribed by the Constitution." "He was travelling to Switzerland in many instances especially in the city of Freiborg following up the supposed hidden Marcos wealth. It was during that period when Atty. Chavez had been purchasing firearms manifestly using public funds obviously not for his office but for his own personal use for his which I started conduct investigation regarding those purchases of high calibre firearms," Gonzalez said. The former DOJ chief added that he was unable to pursue the probe against Chavez because he was suspended by the Supreme Court. Gonzalez was Tanodbayan (the predecessor of the Ombudsman) from 1986 to 1988. GMA News Online tried to reach Chavez for his comment, but he could not be contacted as of posting time. "Considering the nature of the disbarment case, this should make him unfit to become the next Ombudsman whose probity, integrity and morality must be beyond question," said Gonzalez. Also on Monday, rightist ANAD party-list filed its opposition to the nomination of human rights lawyer Jose Manuel Diokno, whom they accused of lacking in independence. "Attorney Diokno cannot become an independent Ombudsman because he is handling communist suspects. Secondly, he is being strongly endorsed by the group of leftist party-lists like Bayan Muna. How can you expect him to be a balanced Ombudsman in cases involving uniformed officers?" ANAD party-list Rep. Pastor Alcover told GMA News Online. The ANAD party-list has touted itself as "pro-democracy" but has been outspoken in its anti-communist sentiments In response, Diokno told GMA News Online: "They claim that I lack independence, but are they really looking for an independent Ombudsman, or an Ombudsman that they can depend on?" "We have had too many 'dependable' Ombudsmen in the past. They could be depended on to carry out the President's orders, no matter what. I'm confident that President Aquino will choose an ombudsman who is truly independent, has no political agenda, and reveres no sacred cows," said Diokno, dean of the De La Salle University College of Law and the concurrent national chair of the Free Legal Assistance Group (FLAG). Candidates to be treated fairly For his part, Court administrator and SC spokesman Jose Midas Marquez said that Morales, Chavez, and Diokno can address the opposition to their applications when the JBC interviews the aspirants from June 22 to 29. "Individual members can raise these concerns and oppositions. That is also to give the aspirant an opportunity to present his or her side," said Marquez, who also serves as JBC's consultant in concurrent capacity. Marquez likewise stressed that the JBC's ex-officio chair, Chief Justice Renato Corona, will be fair in dealing with the letters of opposition against Morales' nomination. Corona and Morales have voted on opposite sides in the high court. "Well, of course, the impartiality will always be there. That is of course the number one requirement for JBC in assessing the qualifications of each and every aspirant," he said. — RSJ/HS, GMA News