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source : GMANews.TV   
Wednesday, 26 September 2007 13:59
The Supreme Court has ordered Malaya newspaper publisher Jake Macasaet to explain why he should not be cited for indirect contempt after he wrote a series of articles about a lady justice who allegedly received a P10-million payoff.

An en banc resolution was issued on Wednesday giving Macasaet five days to explain why he should not be admonished by the high court.

The report about the payoff came out last week in the columns written by Macasaet. He said a lady justice at the high court allegedly fired her secretary last March after the latter mistakenly opened one of five gift boxes delivered to the magistrate.

Macasaet said the secretary thought the boxes contained perishables, but found out that these contained money. He claimed the boxes contained P10 million.
Online magazine Newsbreak later on identified the justice in question as Supreme Court Associate Justice Consuelo Ynares-Santiago and the secretary as Daisy Cecilia Muñoz-Delis.

Newsbreak said the alleged payoff might have something to do with two decisions that Ynares-Santiago penned: the dismissal of the criminal case against Henry Go, former chairman and president of the Philippine International Air Terminals Corp, and the Maysilo land dispute.

In its resolution, the high tribunal said that “upon the evaluation of" Macasaet’s “Business Circuit" columns published in Malaya from September 18 to 21, “it appears that certain statements and innuendoes therein tend, directly or indirectly, to impede, obstruct, or degrade the administration of justice."

Section 3(d), Rule 71 of the Supreme Court’s 1997 Rules of Civil Procedure states that the penalty for indirect contempt of court is imprisonment of up to six months or a fine of P30,000, or both.

Court spokesman Atty. Jose Midas Marquez said the high court might also ask Senator Miriam Defensor-Santiago to explain her statements to the media that another justice of the high tribunal could be behind the supposed smear campaign on Ynares-Santiago.

"As of now, we don't know exactly what the good senator is referring at. If she is sure, maybe an affidavit will help. I suppose she will have to clarify that statement, the court will decide if there's a need. We don't know yet, were focusing on columns of Mr. Macasaet," he said.

Marquez said the order on Macasaet indicated that the court found something contemptible in the latter's column. But he was quick to add that the order against Macasaet was not meant to send a "chilling effect" on journalists who are critical of the high court.

"Ang gusto naming malaman ay kung saan nanggaling (ang report), kung paano lumabas (What we want to know from Mr Macasaet is where he got his report and how the issue came out). He has to substantiate his report. Maybe he can include in his explanation (that he was just calling for the SC to investigate). These are all part of due process," Marquez said.

Premature

Meanwhile, Macasaet branded as premature the Supreme Court's threat to cite him in contempt for his articles.

In his column in Malaya, Macasaet said he had not yet been served any such order by the high court. He said the matter should be referred to Congress to ensure a fair investigation on the bribery accusations against a justice.

"I beg the indulgence of the Court if I say I find the order rather premature. There has been no investigation, at least not yet. In which case, I believe the matter should be referred to Congress so that, without necessarily suggesting that this might happen, the tribunal will not be accused of protecting its own," he said.

He added only Congress can investigate an impeachable officer, and that he does not believe the Supreme Court has the power to investigate a sitting magistrate.

Macasaet also said Yñares Santiago demanded that an investigation be conducted since she felt alluded to in the many items he wrote about the alleged bribery.

"While I repeatedly hinted at investigation, and there just might be one, I now dare say that the Supreme Court has no power to exonerate or punish the lady justice. It does not have the authority precisely because, in my belief, only Congress can investigate a sitting member of the Court," he said.

Macasaet said he "cannot imagine" how the Yñares Santiago's name came up because he never mentioned her in his articles.

He added he never knew the staff officer, Cecilia Munoz Delis, worked for her.

"What would Justice Santiago defend herself from? I did not identify her. I just reported that a lady justice took a bribe and expressed the wish that an investigation be conducted. I thought that the Court would find it its duty to find out the identity of this lady justice," he said. - GMANews.TV
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