Case Digest (A.M. No. 02-1-07-SC)
Facts:
424 Phil. 870, A.M. No. 02-1-07-SC, January 21, 2002, Supreme Court En Banc, Bellosillo, J., writing for the Court. The Court's Oversight Committee received on 11 January 2002 Resolution No. 01-2002 of the Sandiganbayan (En Banc), promulgated on 8 and 11 January 2002, captioned “Re: Request for the Creation of a Special Division to Try the Plunder Case (SB Crim. Case No. 26558 and related cases affecting the accused).” The resolution arose from competing motions: a Request for Re-Raffle filed by defense counsel and an Opposition filed by the Special Prosecution Panel.The defense sought re-raffle (and opposed creation of a special division) on grounds of promoting “better administration of justice,” citing instability in the composition of the Sandiganbayan Third Division after the compulsory retirement of Associate Justice Ricardo M. Ilarde and the indefinite leave of Associate Justice Anacleto D. Badoy, Jr., leaving only Associate Justice Teresita J. Leonardo‑De Castro as permanent member; other members had been temporarily designated. The Special Prosecution Panel opposed re-raffle, arguing unpredictable changes in divisional membership are normal and do not justify re‑raffling.
The Acting Presiding Justice of the Sandiganbayan convened counsel for both sides for conference. The prosecution suggested preserving the Third Division continuity by creating a Special Third Division composed of Justice Leonardo‑De Castro and two other justices not subject to retirement within three years and not appointees of the principal accused. The defense counter‑suggested transferring the cases to the Fifth Division (named members) and raised objections to Justice Leonardo‑De Castro’s participation because of an unresolved petition to recuse and an administrative complaint against her.
An Oversight Committee meeting on 7 January 2002 revealed imminent retirements and recusals among Sandiganbayan justices, limited willing appointees, close personal associations between some justices and the accused, and other constraints that reduced the available pool of justices. Given those circumstances, the Oversight Committee recommended designation of Acting Presiding Justice Minita V. Chico‑Nazario as Chairman and Associate Justices Edilberto G. Sandoval and Teresita J. Leonardo‑De Castro as members of a Spec...(Pro-only)
Issues:
- May the Supreme Court, under the Constitution, create a Special Division of the Sandiganbayan to hear and decide the plunder case and related cases?
- Is the specific composition designated by the Court—Acting Presiding Justice Minita V. Chico‑Nazario (Chair), and Associate Justices Edilberto G. Sandoval and Teresita J. Leonardo‑De Castro (Members)—proper despite the defense’s objection to Justice Leonardo‑De Castro?
- May the Special Division promulgate its own procedural rules (subject to existing rules) and may its regular members be excluded from th...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
- (Pro-only)