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Bacolod City, Philippines Wednesday, December 14, 2005
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Lawyer demands SC inquiry
BY CARLA GOMEZ

A Bacolod human rights lawyer suspended by the Supreme Court yesterday said he is ready to take to the streets to demand an inquiry into what he alleged were questionable resolutions it has issued and that the rule of law is upheld.

"I am ready to walk the streets to demand that the rule of law is upheld…and my clients who are poor will not let me walk alone," lawyer Francisco Cruz said at a press conference at the Bishop's House in Bacolod City yesterday.

Cruz said he is prepared to be cited for contempt, disbarred and go to jail for his demanding changes in the practice of the Supreme Court of disposing of minute resolutions, even controversial and disputable issues, quoted through the signatures of division clerks or assistant division clerks of the court.

The Supreme Court in a resolution dated April 5, 2005 in the case of Tacardon et. al. vs. Ramon Ang, indefinitely suspended Cruz from the practice of law.

Cruz claimed his suspension was principally due to his search for answers to his suspicion that the resolutions denying his petition for review and his motion for reconsideration to the Court of Appeals ruling against his clients did not emanate from the SC and are of "dubious authorship."

Cruz had wanted a review of the ruling in favor of Ramon Ang, San Miguel Corp. president and chief operating officer, who in 1995 filed a complaint for specific performance and damages against his clients Rolando Tacardon, Hernan Fermin, Reynaldo Vargas and Jose Ojoylan before the Regional Trial Court of Bacolod.

The complaint sought the fulfillment of their obligations in a Lease Purchase Agreement over eight units of Hi Bed Trailers and four Freight Liner Tractors as well as liquidated damages, interests and attorney's fees.

Cruz said the resolution for his suspension was signed by a clerk and a second resolution denying his motion was signed by an assistant clerk of the Supreme Court.

He said he is ready to take his suspension to the grave but what he cannot take is the seeming reluctance of the members of the SC to answer his query regarding the authorship of the questioned resolutions.

"The matter calls for an investigation. If only the clerks issued the resolutions they should be disciplined. If the resolutions were authored by the justices, the dismissal of the petition for review shows a clear case of unduly favoring Ramon Ang, which is a betrayal of public trust - an impeachable offense," he claimed.

"There is no legal process for questioning the acts of the Supreme Court. There is no appeal from their resolutions and decisions. But we can ask the justices responsible to resign or ask for their impeachment," he said.

The three bishops of Negros Occidental - Bishops Vicente Navarra of Bacolod, Patricio Buzon of Kabankalan and Jose Advincula Jr. of San Carlos are also set to issue a statement of support for Cruz.

Cruz said he knows his cause is like that of "Don Quixote jousting with the windmill" but, "I cannot shirk from the duty of righting what I perceive to be wrong."

The practice of issuing minute resolutions signed only by the clerks or assistant clerks of court of the Supreme Court can be a fertile source of corrupt practices, he said.

Cruz wants the SC to determine who is responsible for the issuance of the resolutions denying his petition for review of the decision of the CA in the case of Tacardon et. al, and to publish the biodata of the SC justices to determine their affiliations.

He also wants the justices who may have had a hand in the denial of the petition of Tacardon et. al to justify their actions and if they cannot they should have the decency to resign.

Observance of the rule of law should be one of the criteria in the selection of the next chief justice, he said, adding that he hopes none of the existing justices get the post.*CPG

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