Teresita de Castro

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Teresita Leonardo-de Castro
Incumbent
Assumed office 
December 3, 2007
Appointed by Gloria Macapagal-Arroyo
Preceded by Cancio Garcia
Born October 8, 1948 (1948-10-08) (age 59)
Manila
Spouse Eduardo de Castro

Teresita Leonardo-de Castro (born October 8, 1948) is an Associate Justice of the Philippine Supreme Court. Prior to her appointment to the High Court by President Gloria Macapagal-Arroyo,[1] she had been the Presiding Justice of the Sandiganbayan.

Contents

[edit] Profile

De Castro's parents are Fortunato R. Leonardo and Maxima J. Leonardo of Parañaque. Justice Teresita Jose Leonardo De Castro resides at Merville, Parañaque, Metro Manila. De Castro is married to businessman Eduardo A. de Castro. They have three children: Maria Cherell, Christine Genevive, and Edouard Anthony. Her half-brother, Eduardo L. Leonardo works as Executive Assistant VI, Sandiganbayan).[2]

De Castro finished elementary (1960) and high school education (Valedictorian, 1964) at St. Paul College. De Castro earned her AB Political Science (cum laude, 1968) and Bachelor of Laws (1972) at the University of the Philippines (1979). She passed the Philippine Bar Examination of November, 1972 with bar rating of 80.9%.[3]

She started her judicial career as a law clerk, legal and judicial assistant in the Supreme Court of the Philippines,(1973-1978). She was appointed DOJ State Counsel I, II (1978-1985), and promoted to senior state counsel (1985-1987), supervising state counsel, and chief of legal staff (1988-1989). Before her Sandiganbayan appointment, De Castro was the state counsel V and chief of legal staff, DOJ (1989-1995).[4] De Castro is the incumbent Presiding Justice and Chairman, First Division, Sandiganbayan.[5]

On August 17, 2007, Leonardo-de Castro warned grafters and corrupt public officials on the imposition of a stiff jail term if they are found guilty. Her stern warning was delivered before members of the Multi-Sectoral Anti-Corruption Council (MSACC) during the “NACPA Roadshow Rally for Integrity” held at the University of the Philippines Bahay ng Alumni at the UP Campus in Quezon City. De Castro signed the Covenant on March 17, 2006 to support the National Anti-Corruption Program of Action (NACPA) as representative of the judiciary and the Sandiganbayan. De Castro reported that as of June 30, 2007, there have been 31,595 cases filed with the Sandiganbayan of which 29,213 have been disposed of, leaving a pending workload of 2,382 cases or an average of less than 500 cases per division.[6]

[edit] Erap Plunder Trial

De Castro heads the anti-graft court’s special division on the Erap plunder case. The Sandiganbayan, has 90 days or until mid-September 2007 to decide the case of former President Joseph Ejercito Estrada, but the decision could be issued much sooner than that. Leonardo-de Castro was candidate for the vacant post of Supreme Court Associate Justice, duly nominated by the JBC for the vacancy due to retirement of Romeo Callejo, Sr. and will be a very strong candidate for the vacancy due to the forthcoming retirement of Cancio Garcia on October 20, 2007[7]

On September 5, 2007, Leonardo-de Castro, and Sandiganbayan Associate Justices Diosdado Peralta and Francisco Villaruz were assigned 2 extra bodyguards 3 weeks ago per initiative of the Sheriff (after getting threatening messages from an anonymous person). Renato Bocar, executive clerk of court confirmed the “new face" in De Castro’s office who has been “acting like a bodyguard."[8]

On September 7, 2007, the Sandiganbayan's Teresita De Castro announced that the graft court will promulgate the judgment on September 12, 2007 in the 6-year-old plunder trial (October 2001 to June 15, 2007) of ousted President Joseph Ejercito Estrada. The verdict will also inclued his son, Sen. Jinggoy Estrada; and lawyer Eduardo Serapio. Court Sheriff Ed Urieta said tight security will include 4,000 police and 2,000 soldiers, and military. Estrada is accused of stealing 4 billion pesos (US$81 million; €62 million) in illegal funds and falsely declaring his assets.[9] On September 11, 2007, the Supreme Court of the Philippines allowed live television (broadcast media) coverage of the Sandiganbayan's Joseph Estrada's promulgation of judgment on September 12, 2007 (granting the petition of the Kapisanan ng Brodkaster ng Pilipinas). The court, however, directed media to hook up with a video camera of the personnel of the Supreme Court public information office.[10][11][12]

On September 11, 2007, as controversial political figure, Estrada released a statement to the poor Filipinos: "I have been imprisoned for 6 years, 4 months and 17 days but because of your prayers, help and love, I have endured all these ... Whatever the Sandiganbayan (corruption court) will decide, I am ready because I know my countrymen have acquitted me.[13]

[edit] The Decision

On September 12, 2007, Joseph Estrada was acquitted of perjury but found guilty of plunder and sentenced to reclusion perpetua with the accessory penalties of perpetual disqualification from public office and forfeiture of ill-gotten wealth.[14]

On September 12, 2007, Sandiganbayan's Presiding Justice Teresita De Castro and 2 other magistrates Diosdado M. Peralta and Francisco H. Villaruz Jr. unanimously acquitted his son, Senator Jinggoy Estrada, and a lawyer Edward Serapio of plunder charges. The Fallo of the 262-page Decision declared the forfeiture in favor of the government: P542.701 million (bank accounts including interest), P189 million (Jose Velarde accounts including interest) and the Boracay mansion in New Manila, Quezon City.[15][16]

Only the fallo or dispositive part of 2 judgments were read (resulting to only 15 minutes judicial proceedings).[17]During the reading of the judgment, witnesses said Joseph Estrada cried; his wife, Luisa Ejercito Estrada, Jackie Ejercito Lopez, San Juan Mayor Joseph Victor "JV" Ejercito, (Estrada's son with Guia Gomez), other family members and mistresses (including, Laarni Enriquez) all wept during the promulgation by the clerk.[18]

Estrada's lawyer Estelito Mendoza stated that Estrada will file a motion for reconsideration (before September 27) of the 262-page Judgment and then appeal the verdict to the High Tribunal. The Philippine Chamber of Commerce and Industry said it will support a presidential pardon for Estrada. Jinggoy Estrada said The people will receive this with moral outrage and disgust. The time of reckoning will come. That time may not be too far now. ``This verdict is intended to legitimize the occupancy of an illegal tenant in Malacanang[19][20]

Estrada, in Filipino Barong Tagalog (pineapple fibre dress shirt and cream trousers) with his trademark wristband stated that "I thought the role of justice would prevail here but really it's a kangaroo court." President Gloria Macapagal Arroyo stated that the court's decision must be accepted: "We hope and pray that the rule of law will prevail." Estrada's counsel Rene A.V. Saguisag issued the statement:"VICTORS' JUSTICE" - "It's victors' justice. It's ruling class justice. The special division (of the court) was programmed to convict. We never had a chance." Estrada will appeal the verdict and would be under automatic review at the Supreme Court of the Philippines.[21]

Estrada told AFP that he was resigned for the latest drama in his presidency: "last and best performance of my life." The prosecution's lead counsel Dennis Villa-Ignacio proudly asserted: "It shows that our judicial system really works.This is the last chance for the state to show that we can do it, that we can charge, prosecute and convict a public official regardless of his stature."[22]

Joseph Estrada rose from obscurirty to having been top Filipino film star, then hit the mark, by claiming the Presidency until destiny sent him to jail. He stated to AFP "I feel depressed, but it's my style not to show it." Before the release of the fatalistic judgment, he warned that he prevent his fans from making street protests.[23]

Estrada returned to his villa in Tanay, Rizal (driven on from a golf cart), to the helicopter)[24] The court permitted him to return to his villa, "until further orders".[25]

Meanwhile, the U.S. embassy stated that the arrival of the USS Chung-Hoon and USS Milius, Missile destroyers was a goodwill visit to strengthen the ties between the U.S. and the Philippines.[26]

[edit] Appeal

On September 26, 2007, Joseph Estrada appealed by filing a 63-page motion for reconsideration of the Sandiganbayan judgment penned by Teresita de Castro (submitting 5 legal grounds).[27][28]Estrada alleged that the court erred "when it convicted him by acquitting his alleged co-conspirators."[29]

On October 5, 2007, the Sandiganbayan's Special Division ruled to have set for October 19, oral argument (instead of a defense reply) on Joseph Estrada’s motion for reconsideration. Estrada asked court permission to attend the hearing, since it ordered the prosecution to file comment before October 11.[30]

[edit] Aftermath

On September 14, 2007, Chief presidential legal counsel Sergio Antonio Apostol officially stated that Sandiganbayan Justices Teresita Leonardo de Castro, Diosdado Peralta and Francisco Villaruz Jr. should decline Judicial and Bar Council nomination and await other vacancies to ease pressure on President Gloria Macapagal Arroyo: “Para Hindi na maipit ang Presidente (In order to spare the President from pressure), they should withdraw their nomination. Parang iyong nangyari kay Justice (Gregory) Ong (Remember what happened in Justice Gregory S. Ong’s case) ...It’s a sacrifice on her part..Hindi niya maiwanan (ang posisyon) (She cannot leave the Sandiganbayan) because of the case of Joseph Estrada - Erap (Estrada’s nickname)."[31] In the aftermath of the verdict, De Castro, Villaruz and Peralta are now at the receiving end of 2 unsolicited advices from key officials. Senate of the Philippines Majority Leader Francis Pangilinan, ex-officio member, Judicial and Bar Council stated that the 3 Sandiganbayan justices "should have the delicadeza not to accept a promotion to the highest tribunal to dispel any suspicion that they pronounced Mr. Estrada guilty expecting a reward from Palace ... We do not want to see a cloud of suspicion over the appointees to the Supreme Court. They should always be above suspicion.”[32]

On October 16, 2007, the Judicial and Bar Council (JBC) announced the final nominees to the October 20 Associate Justice Cancio Garcia vacant Supreme Court of the Philippines Associate Justice post. Teresita De Castro, Justices Edgardo Cruz and Martin Villarama, got 7 out of 8 votes, while Associate Justices Francisco Villaruz and Edilberto G. Sandoval and Labor Secretary Arturo D. Brion got 5 votes each (from the JBC). The President has 90 days to choose from the above final list.[33]

On November 5, 2007, Senator Jinggoy Estrada, in a privileged speech vowed to block the appointment to the Supreme Court of Sandiganbayan Justices Teresita De Castro and Francisco Villaruz, Jr. (who convicted his father - President Joseph Estrada). Jinggoy said that: "Such a promotion would seem like a reward in exchange for the guilty verdict against the deposed President. We are convinced, then and now, that the special court created to exclusively try the case of President Estrada was established precisely to convict him, which is what exactly happened."[34]

The Supreme Court of the Philippines announced that Teresita de Castro was sworn before Chief Justice Reynato S. Puno at 9:30 a.m., December 4, at the Dignitaries Lounge of the SC new building in Manila City.[35] Amid controversy, Teresita de Castro stated: "Everything happens in God's time. I believe that my 34 years of service in the judiciary and a good track record make me qualified for this position." Forthwith, she participated in her first en banc session.[36]

[edit] Reactions

  • Joseph Estrada branded as a “reward for an unjust conviction” the appointment of Teresita de Castro: “I knew even then that the special court created by the Supreme Court would convict me of plunder. But I had hoped even then that it will be the law that de Castro and the other justices would uphold, not the expectation of a seat in the Supreme Court. Justice de Castro turned her back on the law, turned a blind eye on the sacrosanct obligation of a judge to rule on the merits of the case as presented by my lawyers and turned her court into a kangaroo court to convict me. Even lawyers who read the ruling made by the Sandiganbayan justices on the plunder case would see just how the law on plunder was prostituted with the intention to convict me. The justices convicted me, but the people who know better that I am innocent of the charges of plunder, have acquitted me. If I were guilty, they know I would not have the strength to face them. Neither will they welcome me with open arms whenever I visit them."[37]
  • Minority Leader Aquilino Pimentel, Jr. said: “That is the President’s call and I do not question it. Of course, other persons may have personal reasons for objecting to the appointment of Justice De Castro. But you cannot please everyone.”[38]
  • On December 4, 2007, Senate President Manuel Villar and Senate President Pro-Tempore Jinggoy Estrada questioned the timing of Teresita de Castro appointment. Villar stated that: “The appointment’s coming so soon after de Castro’s division had convicted former President Joseph Estrada is bad timing. It gives the impression that the appointment was her reward for convicting Erap [Estrada’s nickname].” Jingoy Estrada said: “A few months after the conviction of President Estrada, she [de Castro] was immediately appointed as Supreme Court associate justice. I think there was a deal between Malacañang and Sandiganbayan that if she convicts President Erap, she would be appointed to the Supreme Court.That gave political color to the decision of Sandiganbayan. I think she is qualified to be an associate justice. It’s just that the timing is wrong. If I were Justice de Castro, I would have refused the appointment out of delicadeza [good taste]. It did not look good in the eyes of the public.”
  • Sen. Richard Gordon stated that "de Castro is highly qualified for the High Tribunal and that her appointment could not be interpreted as “reward” for her decision on the Erap plunder case. Malacañang had ignored the Sandiganbayan’s guilty verdict and granted absolute pardon to the former president."[39]
  • Executive Secretary Eduardo Ermita defended the appointment of Teresita de Castro noting that she was nominated several times to the post but because she was still handling the Estrada case she was bypassed twice. He added that de Castro deserved the appointment.[40]
  • On December 9, 2007, Artemio Panganiban stated: "Congratulations to new Supreme Court Justice Teresita J. Leonardo de Castro. Gutsy and brainy, she has chalked up an immaculate and impressive track record."[41]

TRAINING COURSES Seminar on Loan Negotiation and Renegotiation (August 9 to September 5, 1986), International Law Institute, Washington D.C.

Program of Instruction for Lawyers (June 11-21, 2004), Harvard Law School, Cambridge, Massachusetts

Seminar Judging Across Borders: Canadian Judges and International Law, (April 6-9, 2005), National Judicial Institute, Victori, British Columbia, Canada

OTHER QUALIFICATIONS Phi Kappa Phi International Honor Society;

Pi Gamma Mu International Honor Society in the Social Sciences;

Vice Chancellor and consistent Member, Order of the Purple Feather, UP College of Law Honor Society;

Executive Vice-President, Philippine Women Judges Association;

UP Sigma Alpha Sorority;

UP College of Law, Portia Sorority and UP Women Lawyers Circle (WILOCI);

Awarded University and College Scholarships at UP Diliman, Q.C.

[edit] Some notable opinions

[edit] Notes

  1. ^ "De Castro Appointed SC Associate Justice". ABS-CBN News (2007-12-3). Retrieved on 2007-12-03.
  2. ^ Sandiganbayan Database profile of relatives in government of TERESITA LEONARDO DE CASTRO
  3. ^ GMA NEWS.TV, Personal Data Sheet of De Castro
  4. ^ Sandiganbayan Database profile of TERESITA LEONARDO DE CASTRO
  5. ^ Sandiganbayan Directory
  6. ^ ABS-CBN Interactive,Sandiganbayan: Corrupt government execs face jail terms
  7. ^ GMA NEWS.TV, Sandigan may rule sooner on Estrada case; acquittal 'unlikely'
  8. ^ GMA NEWS.TV, Sandigan justices get extra guards over threats
  9. ^ IHT, Philippine court to rule on ex-president's plunder trial Sept. 12
  10. ^ Abs-Cbn Interactive, SC allows live coverage of Erap trial
  11. ^ Inquirer.net, TIMELINE, The Estrada Trial
  12. ^ NewsMonstersandcritics.com, Timeline of former Philippine president Joseph Estrada's trial
  13. ^ BBC NEWS, Estrada gets life for corruption
  14. ^ GMA NEWS.TV, The SANDIGANBAYAN DECISION
  15. ^ GMA NEWS.TV, Sandigan forfeits Erap's 'Velarde' accounts, Boracay mansion
  16. ^ New York Times, Philippines Ex-President Convicted
  17. ^ Reuters, Philippines' Estrada deadpan when sentenced to life
  18. ^ GMA NEWS. TV, Erap plunder drama: The wife cried, and mistress, too
  19. ^ Bloomberg, Philippines' Estrada Guilty of `Plunder,' Faces Life
  20. ^ Inquirer.net, Estrada to file motion for reconsideration--lawyers
  21. ^ Reuters, Philippines' Estrada gets life
  22. ^ CNN.com, Deposed Philippine president given life sentence for plunder
  23. ^ AFP.google.com, Estrada: from movie star to Philippine president -- to jailbird
  24. ^ Inquirer.net, Estrada back in Tanay resthouse
  25. ^ Washington Post, Philippines' Estrada gets life
  26. ^ Inquirer.net, US warships arrive in RP
  27. ^ Monstersandcritics.com, Philippines' ex-president Estrada appeals conviction for plunder
  28. ^ English.people.com, Convicted Philippine ex-president files reconsideration motion
  29. ^ Inquirer.net, Estrada asks Sandiganbayan to reverse conviction, Cites acquittal of co-accused
  30. ^ ManilaBulletin, Erap wants to attend Sandigan oral arguments
  31. ^ GMA NEWS.TV, Palace urges Sandigan justices to decline SC nomination
  32. ^ Manila Standard Today, A no-win situation
  33. ^ Inquirer.net, Sandiganbayan, 2 CA justices lead nominees for SC post
  34. ^ gmanews.tv, Jinggoy vows to block Sandigan justices' appointment to SC
  35. ^ GmaNews.tv, New SC, CA justices to be sworn in Tuesday
  36. ^ AbsCbn, De Castro takes oath of office
  37. ^ Sun Star, De Castro's appointment to SC a political reward: Erap
  38. ^ Manila Standard Today, Estradas slam De Castro’s promotion
  39. ^ Manila Times, Villar, Jinggoy hit timing of SC appointment
  40. ^ AbsCbn, Ermita defends de Castro's appointment
  41. ^ Inquirer.net, Danding wins San Miguel but loses Cocobank

[edit] See also

[edit] External links

Preceded by
Cancio Garcia		 Associate Justice of the Supreme Court of the Philippines
2007-12-03 – present		 Incumbent
The Puno Court Seal of the Supreme Court of the Philippines
Reynato S. Puno (2006-present)
March 17, 2008– present: L. Quisumbing | C. Ynares-Santiago | A. Carpio | A. Austria-Martinez | R. Corona | C. Carpio-Morales | A. Azcuna | D. Tinga | M. Chico-Nazario | P. Velasco, Jr. | A. Nachura| R. Reyes | T. Leonardo-de Castro | A. Brion
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