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COURT of
Appeals Justice Vicente Roxas, the ponente of the
controversial July 23 Meralco decision, has been found
by the Supreme Court (SC) guilty of undue delay in
resolving two motions for reconsideration filed by a
lawyer representing the retired employees of the
National Power Corp. (Napocor) in a civil case against
the Napocor.
In a
15-page resolution penned by Associate Justice Renato
Corona, the SC en banc found Roxas guilty of violation
of Section 9 (1), Rule 140 of the Rules of Court, as
well as of Section 5, Canon 6 of the New Code of
Judicial Conduct for the Philippine Judiciary.
The
Court ordered him to pay the complainant, lawyer
Victoriano Orocio, the amount of P15,000 and warned him
that the commission of any act of impropriety in the
future will merit a more severe penalty.
“The
nonresolution of the motion for reconsideration of the
October 31, 2006, resolution and the delayed resolution
of the motion for reconsideration of the January 29,
2007 decision constituted undue delay in rendering a
decision, order or resolution, a less serious offense
under Section 9 (1), Rule 140 of the Rules of Court,”
the SC said.
“Moreover, the omissions of respondent violated Section
5, Canon 6 of the New Code of Judicial Conduct for the
Philippine Judiciary. Judges are mandated to perform all
judicial duties efficiently, fairly and with the
reasonable promptness. In other words, judges should
never cause judicial delay,” it added.
The
October 31, 2006 resolution enjoined the execution for
the collection of Orocio’s charging lien; while the
January 29, 2007 decision, of which he was the
ponente, limited complainant’s collectible
attorney’s fees to a maximum of P3.5 million.
‘Evidence vs Vasquez’
This
developed as Roxas disclosed a “newly discovered”
evidence showing that CA Presiding Justice Conrado
Vasquez has four relatives working in the Government
Service Insurance System (GSIS), a state pension fund
seeking control of Meralco.
At
Tuesday’s continuation of the hearing on the alleged
irregularities surrounding the July 23, 2008 Meralco
decision, Roxas also accused Vasquez of rushing the
release of his July 24 opinion “to embarrass and taint”
the decision issued by the Eighth Division on July 23
upholding the control of the Lopez bloc over the utility
firm.
“The
decision is already out and when the Presiding Justice
came out with an opinion saying that it’s not the Eighth
Division but the Ninth Division which should decide on
the case, that is a direct assault on the division
itself,” Roxas said.
Roxas
said the information that Vasquez has three relatives in
the GSIS earning as high as P200,000 a month only proves
that the CA presiding justice has stakes at the GSIS.
Roxas
asked the three-man panel investigating the controversy
to annex as evidence a one-page paper stating that two
of Vasquez’s daughters, Maria Ruth and Maria Agnes
Vasquez, are under the employ of the GSIS as corporate
secretary and dentist, respectively. Both are receiving
a monthly salary of P80,000.
Also,
Vasquez’s sister, Leonora “Lenny” Vasquez-de Jesus,
former Presidential Management Staff chief under the
Estrada administration, is said to be a GSIS consultant
receiving a monthly salary of P200,000.
Her
daughter, Louisa Hernandez, who works as vice president
for treasury, is receiving a monthly salary of P127,000.
Roxas,
however, admitted that the information about these
things was only given to him by “somebody from the GSIS”
whom he did not identify and that part of the
information came from a newspaper article.
Roxas
admitted that he has no certification from the GSIS that
would authenticate the information.
This
prompted Vasquez to ask the three-man panel
investigating the issue to remove from the records the
information offered by Roxas for being “hearsay” and
“can cost dishonor” to his family. The panel merely took
note of his motion.
Retired
Associate Justice Romeo Callejo, a member of the panel,
also branded Roxas’ “newly discovered evidence” as
hearsay for his failure to disclose the source of the
information.
The
embattled CA justice told the panel that Vasquez should
have inhibited from issuing an opinion on whether the
Eighth Division or the Special Ninth Division should
decide on the case considering that his relatives are
working in the GSIS.
“Before
officiating the en banc, he should have announced that
his relatives [are] working at the GSIS,” Roxas said.
Roxas
also also testified that GSIS vice-president for legal
affairs and counsel Estrella Elamparo-Tayag had tried to
barge into his chamber last May 29, after the case was
raffled to him.
“Elamparo knew fully well that she is committing a crime
by going to my office since GSIS is involved in
litigation. She had the gall to say that it was the
Meralco lawyers [who met with me] when it was she who
tried to,” Roxas told the panel.
Elamparo
denied, in a TV interview, trying to barge into Roxas’s
chambers to harass him. She said they merely needed a
copy of a court record as they were hurrying to meet a
deadline. |
