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07-09-13-SC
August 8, 2008
RE: IN THE MATTER OF THE ALLEGATIONS CONTAINED IN THE COLUMNS OF MR. AMADO A.P. MACASAET
PUBLISHED IN MALAYA DATED SEPTEMBER 18, 19, 20, AND 21, 2007
The Court also cited Article 10(2) of the European Convention on Human Rights
(ECHR) which states that The exercise of these freedoms, since it carries with it
duties and responsibilities, may be subject to such formalities, conditions,
restrictions or penalties as are prescribed by law and necessary in a democratic
society, in the interests of national security, territorial integrity or public safety, for
the prevention of disorder or crime, for the protection of health morals, for the
protection of the reputation or rights of others, for preventing disclosure of
information received in confidence, or for maintaining the authority and impartiality
of the judiciary. Hence, it is the obligation of the Court to sanction those who
wantonly obstruct their processes.
Separate Opinion
Associate Justice Antonio Carpio had a dissenting opinion. He stated that there was
denial of due process on the part of Macasaet because when the witnesses the
Committee summoned testified, the Committee monopolized the right to propound
questions to the witnesses, denying to Macasaet such right. As matters stand,
Macasaet will be subjected to punitive sanctions based on evidence he had no
opportunity to scrutinize. However, it was disagreed on the following grounds: (1)
the proceedings of the Committee are presumed to be regular. Thus, the onus
probandi to prove otherwise rests on Macasaet, not on the Committee. (2) assuming
arguendo that Macasaet was not able to cross-examine his witnesses, this does not
necessarily mean that his right to due process of law was violated. Further,
Macasaet never assert his right to cross-examine the witnesses against him. (3) the
Court has the power to invoke the right to cross-examine the witnesses against
respondent, for and in his behalf. Otherwise, the Court will be acting as his counsel,
which is absurd.