No major overhaul at DoJ, says Agra
Acting Justice Secretary Alberto Agra said he has no plans to overhaul the organization but would concentrate on reducing the backlog of some 8,000 to 9,000 pending cases, some dating back to 1997.
Agra, who is concurrent Solicitor General (SolGen), stressed that with just four months to serve in the DoJ, he has no plans of “making big movements” especially in terms of structural organization.
“I have no plan to overhaul the organization and would just work in filling up the vacancies,” he said.
He earlier said that he aims to attain a zero backlog over some 8,000 to 9,000 pending cases lodged at the Department of Justice (DoJ) in his four-month stint.
Agra replaced resigned Agnes Devanadera who is running for a congressional seat in Quezon province.
“There are 8,000 to 9,000 petitions for review and motion for reconsiderations (MR) that accumulated from 1997. Ma’am Agnes had succeeded to reduce the volume of backlog and I will do the same. I will try my best to attain a zero backlog or at least close to zero,” he said.
Agra also said he has no intention to review the resolutions of Devanadera.
He said he would also try to expedite resolution of big cases like the Maguindanao massacre, Legacy investment scam and the case against fugitive Sen. Panfilo “Ping” Lacson in connection to the murders of publicist Salvador “Bubby” Dacer and driver Emmanuel Corbito.
Agra said he will remain consistent in his stand that President Arroyo has the absolute power to appoint the next Chief Justice despite the election ban when he sits as member of the Judicial and Bar Council (JBC).
Agra had earlier asked the Supreme Court (SC) to declare that President Arroyo has the absolute power to appoint the next Chief Justice despite the election ban.
The Justice Secretary automatically sits as eight-member of the JBC.
“I will be consistent with my stand that the President has the power (the midnight appointment.) The Supreme Court had earlier asked the solicitor general to file a comment. The stand of the Office of the Solicitor General is that the President has that power. And besides SC and the JBC are two different entities,” Agra said.
Agra said his stand will remain when he sits as member of the JBC.
“By next meeting (the JBC) will discuss what actions to be taken. The next step is whether we will conduct interviews or not and we will discuss the documents,” he said.
Agra was appointed by President Arroyo to succeed resigned Agnes Devanadera.
The JBC is finalizing the shortlist of candidates to replace Chief Justice Reynato Puno who will retire on May 17.
Law mandates that a justice secretary will also be sitting in the JBC as ex-officio member.
He gave up his post as Government Corporate Counsel. Acting Government Corporate Counsel Raul Ragandang succeeded him.
In a 41-page comment, Agra asked the SC to declare that President Arroyo has the absolute power to appoint the next chief justice upon the retirement of Chief Justice Reynato Puno on May 17 despite the election ban on appointment.
“If the midnight appointments ban were to be applied to appointments in the Supreme Court, at least 19 occasions may be conceived where the President will never be able to comply with her constitutional duty of filling up a vacancy in the Supreme Court. Surely, the framers of the 1987 Constitution, in deciding these dates and periods, could not have meant or intended to allow such an absurd situation to happen," he said.
Agra added that the election ban on midnight appointments under Section 15, Article VII of the Constitution does not cover the chief justice post based on “mathematics" and “deliberation of framers of the Charter."
The JBC is an eight-man council that screens nominees for vacant judicial posts.




