(Eagle News) – The Office of the Solicitor General has filed a motion with the Supreme Court seeking the inhibition of Senior Associate Justice Antonio Carpio in the Writ of Kalikasan petition seeking marine protection of shoals within the West Philippine Sea.
Citing Carpio’s “personal bias and manifest partiality” in the issue, Solicitor General Jose Calida said that the SC justice should inhibit from deciding the case.
The case “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.
-Carpio’s participation in South China Sea Arbitral Proceedings cited-
The OSG cited as grounds for Carpio’s inhibition are his “personal bias and manifest partiality, as evidenced by: (1) his active participation in the South China Sea (SCS) Arbitral Proceedings; and (2) his continuing public pronouncements against the actions taken by the government in relation to the SCS Arbitral Award.”
“Ordinarily, the issue of whether or not a judge should inhibit from deciding a case is left to the sole discretion of that judge, who can voluntarily disqualify himself from a case or upon motion of a litigant,” a statement from the OSG said.
But in this case, given the previous actions of Carpio, he would not inhibit from the case voluntarily.
The OSG filed the motion with the Supreme Court on June 27.
Calida noted that Carpio himself had “acknowledged that he was part of the team which handled the case of the Philippines in the SCS Arbitral Proceedings before the International Arbitral Tribunal.”
The OSG said that Carpio’s mere appearance as a Philippine representative in the arbitral proceedings was sufficient to disqualify him from sitting on and deciding the petition.
“Having represented the Philippines before the arbitral tribunal, he cannot sincerely claim the neutrality or impartiality demanded by judicial ethics and due process of law,” a statement from the OSG said.
-OSG: Justice Carpio already prejudged case-
“Justice Carpio’s participation before the South China Sea Arbitral Tribunal and knowledge of the facts and issues therein, coupled with his personal pronouncements and issuances leads to the impression he has already reached a conclusion and prejudged this case, even before the petitioners can present their case,” Calida said.
The OSG also noted that Carpio had shown “a penchant for projecting a foreign policy regardless of its alignment with the policies of the current administration.”
“In the constitutional order of our government, the President has always been the chief architect of foreign policy. The Supreme Court has recognized this in several cases. A sitting member of the Court cannot supplant the authority of the President to direct our foreign policy,” Calida said.
On May 3, the Supreme Court, in a special En Banc session, issued a writ of kalikasan to protect, preserve, rehabilitate, and to restore the marine environment in Scarborough Shoal (also known as Panatag Shoal), Ayungin Shoal, and Panganiban Reef (also known as Mischief Reef).
Oral arguments on the petition is set next week.
Abogado’s Writ of Kalikasan petition named as repondents the Department of Environment and Natural Resources, represented by Sec. Roy A. Cimatu; Department of Agriculture, represented by Sec. Emmanuel Piñol; Bureau of Fisheries and Aquatic Resources, represented by National Director Eduardo B. Gongona; Philippine Navy, represented by Flag Officer in Command Vadm Robert Empdrad; Philippine Coast Guard, represented by Commandant Admiral Elson E. Hermogino; Philippine National Police, represented by PNP Chief PDG Oscar Albayalde; PNP Maritime Group, represented by PCSupt. Rodelio B. Jocson, and Department of Justice, represented by Sec. Menardo I. Guevarra.
