[G.R. Nos. 147062-64. July 2, 2002]
REP. OF THE PHILS. vs. COCOFED, et al.
EN BANC
Gentleman:
Quoted hereunder, for your information, is a
resolution of this Court dated 02 JUL 2002.
G.R.
Nos. 147062-64 (Republic of the
Philippines, represented by the Presidential Commission on Good Government
(PCGG) vs. COCOFED et al. and Ballares et al., Eduardo M. Cojuangco Jr. and
Sandiganbayan (First Division).)
The Court Resolved To NOTE the
Compliance[1]
of the First Division of the Sandiganbayan dated May 23, 2002 and signed by its
Acting Chairman, Justice Gregory S. Ong.
Said Compliance was submitted in connection with this Court’s Order[2]
to decide with finality the controversy on the merits within (6) months from
notice. The Court also NOTES
petitioner’s Motion to Admit the Attached Manifestation and Motion[3]
with the said Manifestation and Motion (Re: Sandiganbayan, First Division’s
Compliance Dated May 23, 2002).[4]
The Sandiganbayan First Division, Through its Acting Chairman, asserts
that its continued inability to finally resolve the said case is caused by
“unresolved motions or incidents.”[5]
It then claims that the authority and duty to resolve these pending incidents
rest on its regular chairman, Presiding Justice Francis E. Garchitorena, who,
to date, has yet to act on said motions.[6]
Thus, it is constrained to await action by Justice Garchitorena before
conducting further proceedings on the merits.[7]
In Re: Problem of Delays in Cases Before the Sandiganbayan,[8]
this Court specifically addressed the issue of backlog of cases in the
Sandiganbayan. In that case, we noted
that some cases pending before the anti-graft court remain undecided for years
despite being submitted for resolution.
Accordingly, Presiding Justice Francis E. Garchitorena was relieved not
only of his powers, functions and duties as the presiding Justice of the
Sandiganbayan but also from presiding over the trial of cases.[9]In
fact, he was even directed to devote himself exclusively to decision writing
until the cases assigned to him as well as those without a ponente are finally decided.[10]
Having been relieved of such duties and functions, it becomes inevitable
that J. Garchitorena can no longer decide on the pending motions in incidents
in Civil Case 0033-A, 0033-B and 0033-F without jeopardizing the speedy
disposition of the cases. The directive is clear. He shall devote himself exclusively
to decision writing.
To await any action from J. Garchitorena will again unnecessarily delay
the proceedings of the cases at hand which goes against the very Order decreed
by this Court.[11]
Furthermore, the Rules of Procedure promulgated by the Sandiganbayan itself do not Support the reason stated in the Compliance. Under Section 3, Rule XV of said Rules:
“Section 3. Assignment of Cases
Permanent – Cases assigned to a division of the Sandiganbayan in accordance
with these Rules shall remain with said
division notwithstanding changes in the composition thereof and all matters
raised therein shall be deemed to be submitted for consideration and
adjudication by any and all of the Justices who are members of the division
aforesaid at the time said matters are taken up, irrespective of whether
they were or were not members of the division at the time the case was first
assigned thereto; x x x.”[12] (Italics supplied)
We therefore find no impediment, whether legal or practical, for the present composition of the First Division of the Sandiganbayan to resolve the pending motions, including the Solicitor General’s Motion for Partial Summary Judgment. Immediate action buy the current members is therefore imperative.
Indeed, it is about time to finally settle this controversy involving the coconut levy funds for it has been straddling our courts for the last 15 years.
WHEREFORE, the Sandiganbayan First Division, under its current
composition and membership, is DIRECTED to resolve with all deliberate speed and not
later than six (6) months from notice, the Civil Cases relevant to the herein
controversy, including all matters, incidents and motions appertaining thereto,
without need of awaiting its regular chairman.
Acting on the withdrawal of appearance
dated 7 June 2002 of Sycip Salazar Hernandez and Gatmaitan, withdrawing
their appearance as counsel for respondents United Coconut Planters Bank
(UCPB), the Court Resolved to direct said counsel to FULLY COMPLY with Sec.26, Rule 138 of the Rules of Court.
The Compliance dated 23 May 2002 of Justice Gregory Ong, Acting
Chairman, First Division, Sandiganbayan, is NOTED.
Very truly yours,
Clerk of Court
Asst. Clerk of Court
[1] Rollo, Vol. III, pp. 2023-2027.
[2] See dispositive portion of Republic v.
COCOFED, et al., GR Nos. 147062-64, December 14, 2001.
[3] Rollo, Vol. III, pp. 2108-2111.
[4] Ibid., pp. 2112-2118.
[5] Compliance, p. 2; rollo, p. 2024.
[6] Ibid., p. 3; ibid., p. 2025.
[7] Id.
[8] A.M. No. 00-8-05-SC, November 28, 2001.
[9] Ibid., p. 41.
[10] Id.
[11] Republic v. COCOFED, et al., GR
Nos.147062-64, December 14, 2001.
[12] Revised Rules of the Sandiganbayan; Note that under
Section 4 of Republic Act No. 7975 dated March 30, 1995, “[t]he Sandiganbayan
shall have no power to promulgate its own rules of procedure, except to adopt
internal rules governing the allotment of
cases among the divisions, the rotation of justice among them, and other
matters relating to the internal operations of the court which shall be enforced
until repealed or modified by the Supreme Court.”