Can Floyd and Pacman play together in PBA?

“A good teammate is someone willing to get outside of personal thoughts and emotions, a friend who tries to understand, appreciate, and encourage other members of the team.” Don Kardong

By Alex P. Vidal

Can the two feuding members of the Supreme Court work together harmoniously?

Can Floyd Mayweather Jr. be an effective basketball player if he is allowed to play in the PBA with Manny Pacquiao as his coach in the team?

This is the dilemma our higher court is facing today now that Ilonggo lawyer Francis H. Jardeleza has been appointed by President Benigno S. Aquino III as associate justice of the Supreme Court.

Jardeleza’s ascension to the higher court had to pass through the proverbial hole of the needle after his nomination was earlier blocked by no less than Chief Justice Ma. Lourdes Sereno, who chaired the Judicial and Bar Council (JBC).

JBC recommends to the President the final names in the shortlist.

Jardeleza’s name had been scratched out earlier due to the opposition of Sereno, a fellow former faculty member of the University of the Philippines College of Law.

The Ilonggo jurist had to fight tooth and nail before he was given the appointment paper by President Aquino last August 19, shortly after winning his case in the Supreme Court that compelled the JBC to reinstate his name again.

INTERESTING

It’s very interesting to know how will Jardeleza and Sereno work together in an atmosphere where they can’t even see each other eyeball to eyeball.

We can’t wait to see them differ on certain legal issues and read their respective arguments on separate pieces of papers.

This is the beauty of having two great but hostile minds in the legal profession joining together in one chamber.  

Many observers perceive Jardeleza to be better than his superior Sereno. This could be the main source of Sereno’s insecurity, thus she tried to move heaven and earth to block Jardeleza’s entry to the Supreme Court to no avail.

If Mayweather won’t listen to the instructions from coach Pacquiao during timeout, will Pacquiao berate him and reduce him to a mere benchwarmer?

Will Mayweather allow coach Pacquiao to tell him what to do inside the hard court when deep inside Mayweather believes that he is the better boxer and the better basketball player? 

****

It’s always difficult to convict an accused in a criminal case because the prosecutor has to establish his guilt beyond reasonable doubt.

If there is doubt, you acquit, is the standard legal maxim of court judges.

This seemed to be what happened in the case of murdered rebel returnee, Romeo “Ka Romy” Capalla of Oton, Iloilo.

The case police filed against suspect Julie Cabino and four other John Does, was recently dismissed by the provincial prosecutor’s office for lack of evidence.

“From all indications, it would show that respondent Cabino was not the same person who acted as back-up in the killing of Capalla. The identity of the perpetrator is a must to secure criminal conviction,” ruled Prosecutor Bernabe Dusaban.

REAL MCCOYS

If Gabino, et al were not the real McCoys, who killed Ka Romy?

It’s disturbing that a high-profile personality like Ka Romy can’t get justice after being murdered like an animal.

If this can happen to a former top-ranked rebel who has returned to the fold of the law, what are the chances of other lowly rebel returnees who are also facing a similar danger in their lives?

Ka Romy, 65, was shot to death by two gunmen on March 15, 2014 in front of the Oton public market.

The assailants were reportedly backed up by three motorcycle-riding cohorts. The five fled going to Tigbauan town, witnesses said.

Ka Romy died from two gunshot wounds on the head.

He was a commander of the Corazon Chiva “Waling-Waling” Command of the New People’s Army’s (NPA) Komiteng Rehiyon Panay in the late 1970s to the early 1980s.

ARREST

Ka Romy was arrested by authorities in August 2005 for his alleged involvement in the setting on fire a construction firm’s facility in Guimbal, Iloilo in 2004.

After spending 32 days in detention, he was released when the court ruled there was no sufficient evidence to pin him down.

Ka Romy was the brother of retired Archbishop Fernando and was the director of the Panay Fair Trade Center (PFTC), a private firm that helps small farmers in Panay Island, at the time of his murder.

PFTC buys agricultural products such as banana chips, muscovado (brown) sugar and ginger tea, and exports these to Europe and the United States.

Iloilo's Jardeleza checkmates Chief Justice Sereno

“There is a higher court than courts of justice and that is the court of conscience. It supercedes all other courts.”  Mahatma Gandhi

By Alex P. Vidal

A checkmate. And a big slap on the face of Supreme Court Chief Justice Ma. Lourdes Sereno!

That’s how many fellow Ilonggos viewed the sudden turn of events in the nomination of Atty. Francis H. Jardeleza for the position of Supreme Court associate justice.

You don’t put a good man down. So goes the popular dictum for victims of slanderous attacks.

Only hours after Jardeleza won his battle in the Supreme Court when the Judicial and Bar Council (JBC) disqualified him for the position of Supreme Court associate justice, President Benigno S. Aquino III pulled a rabbit in his hat by appointing Jardeleza, 64, to the position vacated by Associate Justice Roberto Abad, who retired last May 22.

Jardeleza’s appointment came a week after Malacanang ordered the JBC to reinstate his nomination after being ousted on opposition of Sereno, one of the six JBC members, who challenged his integrity as a nominee during JBC’s last voting on June 30.

Many observers believed Sereno's opposition was more of an act of personal vengeance. 

She and Jardeleza, both former professors in the University of the Philippines-Diliman College of Law, reportedly had a past spat.

As JBC chair, Sereno probably found the golden chance to bamboozle the top-notch jurist from Jaro, Iloilo City.  

But Jardeleza's redemption came on August 19. 

The Supreme Court, voting 7-4, elected to grant Jardeleza’s petition for certiori and mandamus against the JBC, Sereno, the JBC chair and Executive Secretary Paquito Ochoa.

PETITION

The petition sought to put on hold Mr. Aquino’s selection of the 15th high court justice until Jardeleza is on the short list.

The JBC earlier disqualified Jardeleza after Sereno invoked Rule 10, Section 2, of the JBC rules with a provision that “when the integrity of an applicant who is not otherwise disqualified for nomination is raised or challenged, the affirmative vote of all the members of the Council must be obtained for the favorable consideration of his nomination.”

We repeatedly described Sereno’s tactic as “an equivalent to a knockout punch in boxing” in our two previous articles.

Sereno was apparently hell-bent to block Jardeleza’s entry in the higher court as manifested by her strong stand when she doubted the Ilonggo jurist’s integrity.

When everything seemed hopeless after Jardeleza’s disqualification, President Aquino halted the guessing game.

It became apparent that Jardeleza was the apple of the president’s eyes.

In the end, the king outsmarted the queen. President Aquino castled on the side of the outstanding Ilonggo aspirant, leaving Jardeleza’s tormentor-turned-chamber boss Sereno counting the stars!

Fighting on wobbly legs in the opening game, Jardeleza was rescued by President Aquino in the middle game in a “queen’s gambit” attack.

The brilliant Iloilo lawyer checkmated Sereno in the end game.

APPOINTMENT

On the day the report came out that Jardeleza was against removed from the shortlist of the final four nominees, President Aquino released Jardeleza’s appointment, to wit:

“Pursuant to the provisions of existing laws, you are hereby appointed ASSOCIATE JUSTICE of the SUPREME COURT (vice Hon. Roberto A. Abad). By virtue hereof, you may qualify or enter upon the performance of the duties of the office, furnishing this Office and the Civil Service Commission with copies of your oath of office.”

Mr. Aquino signed the document August 19, 2014.

Jardeleza was deputy ombudsman for Luzon before Mr. Aquino appointed him solicitor general last February 2012.

Jardeleza’s appointment to the Supreme Court is a poetic justice.

It also served as the biggest embarrassment on the part of Sereno, who will now share the same chamber with the man she never wanted to be an officemate.

Like Bobby Fischer, Ilonggo jurist springs back to life

“For once you have tasted flight you will walk the earth with your eyes turned skywards, for there you have been and there you will long to return.” Leonardo da Vinci

By Alex P. Vidal

It’s not yet over until the fat lady sings, as the saying goes.  

We thought Bobby Fischer was gone after losing his first match against Boris Spassky in the 1972 World Chess Championship in Reykjavik, Iceland.

We thought the American genius was a big joke when he forfeited Game 2 and allowed the Russian defending champion to romp off with a commanding 2-0 lead.

We were all wrong. Fischer bundled out Spassky, 12.5-8.5, to become the first US-born world chess champion during the US-USSR cold war era.

We remember Atty. Francis Jardeleza of Jaro, Iloilo City.

After being unceremoniously ousted from the shortlist of nominees for the next associate justice of the Supreme Court, Solicitor General Francis Jardeleza’s nomination has been ordered restored by Malacanang.

It’s now up to the Judicial and Bar Council (JBC) to decide on the matter. But since it was no less than President Benigno S. Aquino III who made the request, there are strong chances that Jardeleza might become the dark horse over the other nominees.   

KNOCKED OUT

The Ilonggo jurist had been knocked out from the shortlist after Chief Justice Ma. Lourdes Sereno, one of the six JBC members, challenged his integrity as a nominee during JBC’s last deliberations on June 30.

A nominee may be disqualified if his integrity is challenged and if a panel member invokes Rule 10, Section 2, of the JBC rules with a provision that states, “when the integrity of an applicant who is not otherwise disqualified for nomination is raised or challenged, the affirmative vote of all the members of the Council must be obtained for the favorable consideration of his nomination.”

To eliminate Jardeleza, Sereno invoked the powerful JBC rule against the Ilonggo jurist, an act we described here earlier as “equivalent to a knockout punch in boxing.”

It was reported that Sereno and Jardeleza had an old grudge that dates back during their stints as professors in the College of Law of the University of the Philippines-Diliman.

A leading nominee, Jardeleza had appeared before the JBC to ask that it defer the voting last June 30 so the full court could meet on it in their en banc session on July 1.

Jardeleza had confirmed that after his appearance at the JBC, Sereno was the one who objected to his nomination.

ISSUE

But instead of taking the issue sitting down, Jardeleza drafted a petition before the Supreme Court, which supervises the JBC, saying the Chief Justice violated the JBC rules.

Jardeleza argued that Sereno’s accusations against him were made without informing him of their basis which is contrary to the rules of the JBC.

Under the rules, a complaint or opposition must be made in writing and under oath, and the candidate concerned should be given a copy in order to be able to file his comment, pointed out Jardeliza, who earned his law degree at the University of the Philippines College of Law, where he graduated as salutatorian in 1974.

Jardeleza said Sereno’s opposition was not in writing. He was only summoned in an executive session for another interview by the JBC to which he refused to comply.

In asking to restore Jardeleza’s nomination, the Palace, through Deputy Executive Secretary Michael Aguinaldo confirmed that Jardeleza’s rights to due process was violated when he was not given the opportunity to answer Sereno’s opposition against him.

CONFLICT

Malacanang said: “This rule appears to be in conflict with the collegial nature of the JBC since the unanimity requirement gives the objector effective veto power when such objector is a member of the JBC…”

It added: “It is respectfully prayed that, in the event Section 2 Rule 10 of JBC-009 is declared unconstitutional or invalid, or the invocation of the rule is held to be improper, this Honorable Court declare petitioner Francis Jardeleza deemed included in the shortlist of nominees for Supreme Court Associate Justice.”

Jardeleza’s fate now hinges on the final decision of the JBC composed of Justice Secretary Leila de Lima, Iloilo Rep. Niel Tupas Jr., Aurora Lagman, Jose Mejia and Ma. Milagros Fernan-Cayosa. Sereno, de Lima and Tupas are ex-officio members

FINAL

The other four aside from Jardeliza who earlier made it to the final five are: Court of Appeals Associate Justices Apolinario Bruselas and Jose Reyes Jr., who received six votes each; and Commission on Audit Chair Grace Pulido-Tan and Quezon City Regional Trial Court Judge Reynaldo Daway, who got four votes. Jardeleza had obtained the same votes before his name was removed from the shortlist.

President Aquino will select the next associate justice who will replace retired Associate Justice Roberto Abad 90 days from receipt of the shortlist

Abad’s post has been vacant since his retirement last May 22.

Like the late world chess champion and grand master Bobby Fischer, we might have not yet seen the last of Atty. Francis Jardeleza in as far as his entry in the Supreme Court is concerned.

Sereno's KO blow ousts Ilonggo jurist

“We're all just playing our own game. I don't see it as a rivalry. We're just trying to play our best.” Michelle Wie

By Alex P. Vidal

A knockout blow. This was how many Ilonggos described the bad luck that befell on Solicitor General Francis Jardeleza, who was eliminated from a short list of nominees for the next Supreme Court associate justice last June 30.

Fellow Ilonggos, however, were not satisfied with the way Jardeleza, a native of Jaro, Iloilo City, was ousted. They thought he was already secured up there in the tree when it was unceremoniously chopped off.

Jardeleza was reportedly one of the strong contenders for the SC position until his name was scratched out from the final five of the 13 nominees chosen by the Judicial Bar Council (JBC).

Only four of the normally five final nominees were left: Court of Appeals Associate Justices Apolinario Bruselas and Jose Reyes Jr., who received six votes each; and Commission on Audit Chair Grace Pulido-Tan and Quezon City Regional Trial Court Judge Reynaldo Daway, who got four votes. Jardeleza reportedly obtained the same votes.

Their names will be submitted to President Aquino for consideration.

INTEGRITY

As reported earlier, Jardeleza was knocked out from the race by no less than Chief Justice Ma. Lourdes Sereno, one of the six members of the JBC, who challenged his integrity as a nominee.

According to Supreme Court spokesperson Theodore Te, a nominee may be disqualified if his integrity is challenged and if a panel member invokes Rule 10, Section 2, of the JBC rules with a provision that states, “when the integrity of an applicant who is not otherwise disqualified for nomination is raised or challenged, the affirmative vote of all the members of the Council must be obtained for the favorable consideration of his nomination.”

Sereno reportedly invoked the powerful JBC rule against the Ilonggo jurist, an equivalent to a knockout punch in boxing.

However, there seems to be a loophole in Jardeleza’s abrupt exit from the race. He was reportedly not allowed to defend himself against Sereno’s accusations even after asking the higher court to defer the JBC’s voting last June 30 and bar the chief justice from taking part in the voting after she had denied him his right to due process.

VOTE

The Philippine Daily Inquirer reported last July 1 that

“before the vote, Jardeleza, a leading nominee, had appeared before the council to ask that it defer Monday’s voting so the full court could meet on it in Tuesday’s en banc session. After his appearance at the JBC, Jardeleza confirmed to reporters that the one who objected to his nomination was Sereno.”

Jardeleza is a true-blooded Ilonggo, who finished his elementary and secondary education in Iloilo City. He is no peanuts. In 1970 or two years before Martial Law, Jardeleza earned his Bachelor of Arts degree in Political Science from the University of the Philippines Visayas.

He earned his law degree at the University of the Philippines College of Law, where he graduated as salutatorian in 1974. In law school, Jardeleza was vice chairman of the Philippine Law Journal. He was admitted to the bar in 1974, after placing third in the bar examinations held that year. He obtained a Masters of Law degree from Harvard Law School in 1977.

Based on initial reports, it appears that Jardeleza and Sereno had a spat way back during their stints as professors of the University of the Philippines (UP) College of Law in Diliman, Quezon City.

The unresolved feud may have played a major role in Sereno's decision against Jardeleza's nomination. Was it a case of vendetta? A professional rivalry that developed into a personal grudge?  

LETHAL

There could be more than meets the eye in Sereno’s lethal shot that toppled Jardeleza from the race for a position that could make him the fourth powerful man in the country once he becomes chief justice next by stroke of luck.

Whatever it is, it should not have spilled over during the JBC selection process where Jardeleza was at the mercy of panel members that included a former "adversary" in the law school.  

Sereno may have other reason or reasons in impeaching Jardeleza’s integrity, and it may be buried deep in the JBC files unless Sereno is willing to talk about it in public. Since she has made it official to oppose Jardeleza, Sereno may be ready to back up her arsenal if push comes to shove, which most likely won't happen now that Jardeleza’s nomination has become moot and academic.  

The other JBC members are Justice Secretary Leila de Lima, Iloilo Rep. Niel Tupas Jr., Aurora Lagman, Jose Mejia and Ma. Milagros Fernan-Cayosa. Sereno, de Lima and Tupas are ex-officio members.