(Eagle News) – Supreme Court Senior Associate Justice Antonio Carpio has decided to inhibit from the Writ of Kalikasan case pending with the high court involving the protection of the marine environment in the West Philippine Sea, saying he did this for the “peace of mind” of Solicitor General Jose Calida.
Carpio’s inhibition came after a motion was filed by the Office of the Solicitor General asking the high court to direct him to inhibit on the case citing his alleged “personal bias and manifest partiality.”
Carpio in a text message to reporters said he inhibited “for the peace of mind of Solgen” although, he said, there was “no compulsory ground” for him to do so.
“There is no compulsory ground to inhibit, but I voluntarily inhibited for the peace of mind of the SolGen,” Carpio said.
Supreme Court spokesman Brian Keith Hosaka said the Court en banc had accepted Carpio’s inhibition.
Solicitor General Jose Calida thanked Carpio for inhibiting in the case.
He said Carpio already knew already all the facts of the case for he had been part of the Philippine arbitration case.
“We thank him for inhibiting for reasons that he knows already all the facts about this case because of the West Philippine Sea arbitration, and he was part of the legal team of the Philippines,” Calida said.
“I agree with him. All’s well that ends well,” he added.
The writ of Kalikasan petition “involved the protection, preservation, rehabilitation, and the restoration the marine environment in Scarborough Shoal (also known as Panatag Shoal), Ayungin Shoal, and Panganiban Reef (also known as Mischief Reef)”
The petition was filed by the group led by Monico Abogado and has cited the July 12, 2016 ruling of the Permanent Court of Arbitration (Arbitral Tribunal) which issued in the China Sea Arbitration proceedings the Arbitral Award finding that the Ayungin Shoal and the Panganiban Reef were within the country’s EEZ.
“It is interesting that even before the OSG filed its motion for inhibition, Justice Carpio already told the media that he will not inhibit in this case. This puts the OSG in a bind. Our motion will be an exercise in futility if the issue of his inhibition will be solely left for him to decide. It should be the Supreme Court, as a collegial body, which should decide on our motion,” Calida said in his earlier motion seeking Carpio’s inhibition.
Calida filed the motion on June 27.
