Opposition to SC Justice Morales’ Ombudsman nomination snowballs

Outgoing Supreme Court Associate Justice Conchita Carpio-Morales faces more opposition to her bid to become the next Ombudsman. Lawyer Ferdinand Topacio, counsel for former police officer Cezar Mancao II, is the latest personality out to block the Morales nomination as Ombudsman. Those who have already filed their oppositions are former President and now Pampanga Rep. Gloria Macapagal-Arroyo, former Justice Secretary Raul Gonzalez, and lawyer Delfin Catapang. Last week, Topacio sent to the Judicial and Bar Council (JBC) his affidavit to voice opposition to the nomination of Morales, who will retire on June 19. Topacio said Morales’ integrity may have been compromised because of family ties. Morales’ cousin, SC associate justice Antonio Carpio, is a founding partner of the Carpio Villaraza Cruz law office (now known as the Villaraza Cruz Marcelo & Angangco law firm or CVCLAW). Because it is one of the most prominent law firms in the country, it has earned the monicker “The Firm." “It is public knowledge that the said law office has clients that have cases filed and pending with the Office of the Ombudsman, and which may receive preferential treatment. The element of bias and prejudice cannot be avoided," said Topacio. This, even as Carpio left his law firm upon his appointment to the Supreme Court in 2001 by then President Macapagal-Arroyo. Carpio’s firm used to have close ties with Arroyo, but it supposedly had a falling out in 2005, at the height of the “Hello Garci" controversy. Ties to Aquino In his letter, Topacio likewise questioned Morales’ possible ties with President Benigno Aquino III, whose oath of office she administered in June last year. “Even more importantly, [Morales] is publicly known to be very closely associated with [Aquino], having been personally chosen by President Aquino to administer the oath during his inauguration as President of the Philippines, even violating judicial protocol and long-established tradition, i.e. the Chief Justice of the Supreme Court always administers the Oath of Office of the President," said Topacio. “Thus, the well-founded possibility that the much publicized wishes and desires of President Aquino in prosecuting government officials of the past administration will readily be granted by Justice Carpio-Morales," he added. Topacio also said Morales' age may be an impediment should she be appointed Ombudsman. Morales will turn 70, the mandatory retirement age of members of the judiciary, on June 19. “Because of her advanced years, she definitely would not be able to cope with the very demanding duties and functions of the Office of the Ombudsman, which requires a hands-on style of management," the lawyer said. Morales will hang her robes this June 19, when she reaches the mandatory retirement age. If appointed to the position, she will be the first former Supreme Court justice to be named Ombudsman. In a June 10 press briefing, Presidential spokesman Edwin Lacierda was asked to comment on reports that the President would return to the JBC its shortlist if Morales’ name was not included. Lacierda said Malacañang has no authority to dictate on the JBC who should be included in the shortlist. “Constitutionally, the JBC is like the search committee for the position of Ombudsman. So they are responsible to coming up and interviewing (the candidates) and the shortlist. Before it is submitted to us, we in the executive branch, can perform no function," he said. He added Malacañang has no information on who will be included in the shortlist. “There are plenty of qualified individuals," he said. Aside from Morales, the other candidates who have officially accepted their nominations include acting Ombudsman Orlando Casimiro, De La Salle University of the Philippines law dean and Free Legal Assistance Group (FLAG) national chair Jose Manuel Diokno, Alternative Law Groups head Marlon Manuel, former Solicitor General Frank Chavez, and advocacy lawyer Ernesto Francisco. Those who have declined their nominations include Justice Secretary Leila de Lima, who sits as a member of the JBC, and former Chief Justice Reynato Puno. — with a report by Amita O. Legaspi/MRT/VS, GMA News