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| May 01, 2003 | COPYRIGHT 2003 Financial Times Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

(From Philippine Daily Inquirer)

Byline: Belinda Olivares-Cunanan

THE PRESIDENT'S appointments to the Sandiganbayan have been awaited since Easter Monday when the 90-day period for filling up vacancies to the graft court expired, but until now, nearly two weeks later, they haven't been announced. Court sources say this may be because tremendous pressure is being exerted on the President from various quarters.

One of those being considered is Judge Norberto Geraldez, who topped the list of recommendees of the Judicial and Bar Council. Sources say Geraldez is being considered on account of pressure being exerted by Sen. Edgardo Angara, but this prospect has met severe criticism from various quarters for the simple reason that there's a clear conflict of interest.

***

Judge Geraldez is the husband of lawyer Regina Padilla-Geraldez, a senior partner of Angara's Accra law office. The problem stems from the fact that Accra packaged all the coconut levy deals of Cojuangco and his cronies in the late 1970s and up to now it represents them in a number of civil and criminal cases before the Sandiganbayan. Now Accra lawyer Geraldez's husband is being considered for appointment to the Sandiganbayan, and talk is that it is a political accommodation to Angara who would naturally be interested in strengthening his law firm's hand in the coco levy cases. But this would put Judge Geraldez in the unethical position of ruling on cases packaged and defended by his wife's law firm.

In court practice, justices who may have a blood relationship with either an accused or his lawyer are called upon to inhibit themselves during deliberations on the case. In the case of Judge Geraldez, the conflict of interest is very clear and the President would be violating the tenets of good governance by appointing him to the Sandiganbayan.

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