MANILA -- Lawyer Ferdinand Topacio formally expressed his opposition to Atty. Edna Herrera-Batacan’s bid to become the country's next Ombudsman.
In a two-page letter dated June 18 addressed to the Judicial and Bar Council (JBC), Topacio urged the body to disqualify Batacan over her alleged failure to return PHP8 million to her former client that was supposed to be used as bribe money.
He said that both he and Batacan had a renowned male client, who later terminated the latter's services as a lawyer because “Batacan asked from him and was given” PHP8 million.
Topacio said that according to the client, he was “inveigled by Atty. Batacan,” who said the amount was being requested by certain persons at the Office of the Ombudsman in exchange for the dismissal of the charges against him.
“Verily, our country cannot be saddled with an Ombudsman for seven years with such lack of honesty and moral uprightness,” read Topacio’s letter.
“Nothing, however, came out (of) it since the case was nonetheless filed, and Atty. Batacan never refunded the money to the client until the time of this writing,” it added.
Topacio said the client also informed him that Batacan allegedly tried to charge him PHP1 million to cover the photocopying expenses for handling the case, but “was unable to support such demand for reimbursement.”
He said that due to the lawyer-client confidentiality rule, he was unable to disclose the identity of the client.
Topacio clarified that he has no personal grudge against Batacan but his opposition stems from her failure to return the money to a client.
He also said he is willing to face Batacan before the JBC in an executive session so he could divulge more details within the bounds of legal ethics.
Meanwhile, the JBC has acknowledged receipt of the letter-opposition and informed Topacio that Batacan was made aware of it.
“Please be informed that we provided the acting JBC chairperson (Acting Chief Justice Antonio Carpio) and members with a copy of your letter for their information and consideration. Likewise, pursuant to Section 3 of Rule 4 of the Revised Rules of the Judicial and Bar Council (JBC No. 2016-01) promulgated on 20 September 2016, we furnished Atty. Batacan with a copy thereof for her comment, if she so desires,” the JBC said in a letter addressed to Topacio.
Batacan is one of the 10 aspirants to the Ombudsman post, which will be vacated by Conchita Carpio-Morales when she retires on July 26.
Morales, 76, a retired SC Associate Justice, was appointed by former president Benigno Aquino III as Ombudsman in 2011.
Aside from Batacan, the other applicants are Labor Secretary Silvestre Bello III, SC Associate Justice Samuel Martires, Sandiganbayan Associate Justice Efren dela Cruz, Special Prosecutor Edilberto Sandoval, Davao Judge Carlos Espero II, and lawyers Rey Nathaniel Ifurung, Rainier Madrid, Felito Ramirez, and Rex Rico.
Batacan served as legal counsel for President Rodrigo Duterte in a graft case in 2010 when he was still mayor of Davao City, and was the lawyer of former first gentleman Jose Miguel Arroyo in the controversial ZTE national broadband network deal at the Sandiganbayan.
Batacan faced the JBC public interview for the post last June 20, during which she was asked about her relations with the First Family and judicial independence.
She acknowledged that she maintains a “close relationship” with the President “because he has been not only my client but also the godfather of my eldest daughter.”
She also insisted that Duterte will not interfere with her work, should she be appointed as Ombudsman.
All applicants will be screened by the JBC and the shortlist will be submitted to the President.
The JBC is constitutionally mandated to screen and vet nominees to the President for vacant posts in the judiciary and the offices of the Ombudsman and Deputy Ombudsman.
It is chaired by Senior Associate Justice and now acting Chief Justice Antonio Carpio, with ex-officio members Justice Secretary Menardo Guevarra, Senator Richard Gordon, and Oriental Mindoro Rep. Reynaldo Umali.
Its regular members are retired SC Associate Justice Jose Catral Mendoza, representing the justices and chairperson of the JBC Executive Committee; lawyer Jose Mejia, representing the academe; lawyer Milagros Fernan-Cayosa, representing the Integrated Bar of the Philippines; and retired Judge Toribio Ilao, representing the private sector. (PNA)
