EN BANC

A.M. No. 02-1-07-SC

RE: REQUEST FOR THE CREATION OF A SPECIAL DIVISION TO TRY THE PLUNDER CASE (SB CRIM. CASE No. 26558) and RELATED CASES

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 11 2005.

Acting on the letter dated 9 January 2005 of Associate Justice Edilberto G. Sandoval of the Sandiganbayan tendering his irrevocable resignation “as Chairman/member of the Special Division trying former Pres. Joseph Ejercito Estrada for Plunder (Criminal Case No. 26558) and Perjury (Criminal Case No. 26905,” the Court RESOLVED to

a.       NOTE the said letter;

b.       INFORM Justice Edilberto Sandoval that he was designated as Chairman of the Special Division when he was the Acting Presiding Justice of the Sandiganbayan and that it is the clear import of the Resolution of the Court of 21 January 2002 in this Administrative Matter that the Presiding Justice of the Sandiganbayan (or the Acting Presiding Justice) should be the Chairman of the Special Division;

c.       DECLARE that Hon. Teresita Leonardo de Castro should now be the Chairman of the Special Division having been appointed as the Presiding Justice of Sandiganbayan by Her Excellency President Gloria Macapagal-Arroyo on 15 December 2004;

d.       DIRECT Presiding Justice Teresita Leonardo de Castro to forthwith assume as Chairman of the Special Division; and

e.       DEFER action on Justice Sandoval’s resignation as Member of the Special Division until he shall be able to satisfactorily prove his inability to perform his duties as such Member.  For this purpose he is given ten days from notice of this Resolution within which to submit his evidence to prove his claims.  In the meantime, he shall continue to sit as Member of the Special Division.

Very truly yours,

(Sgd.) LUZVIMINDA D. PUNO

Clerk of Court