Philippine Supreme Court Resolutions > Year 2008 > December 2008 Resolutions > [G.R. No. 180264 : December 17, 2008] PHILIPPINE NATIONAL BANK V. SANDIGANBAYAN, ET. AL :

Quoted hereunder, for your information,  is a resolution of this Court dated 17 December 2008:

G.R. No. 180264 (Philippine National Bank v. Sandiganbayan, et. al)

On October 29, 2008, in G.R. No, 180264, private respondent Vicente B. Chuidian interposed a Respectful Motion for the Voluntary Inhibition of Associate Justice Presbitero J. Velasco in which he alleged, as sole ground of his motion, that Justice Velasco, Jr. had "sought the intercession of and secured the assistance of Mr. Lucio Tan, the controlling Stockholder of petitioner Philippine National Bank (PNB) in having [him] appointed as member of [the Supreme Court]" In support of the ground thus stated, respondent Chuidian appended, as Annex "A" to the motion, the affidavit of his self-admitted cousin, Antonio K. Litonjua. In his affidavit, Litonjua stated that Justice Velasco, Jr. "when being considered for appointment to be a Justice of the Supreme Court of the Philippines had personally enlisted the assistance of Lucio Tan, the controlling stockholder of PNB in order to assist him in getting his appointment."

In his undated memorandum to the Chief Justice, Justice Velasco, Jr. vehemently denied as malicious and without factual basis the adverted allegations of Litonjua. And even as he notes that the affidavit in question yielded no indication on how and from whom Litonjua acquired his information, Justice Velasco, Jr. stated the observation that Litonjua must have weaved his incredible tale in a bid to help a cousin whom he has been rendering consultative, financial, and supportive assistance. Justice Velasco, Jr. explained that the four (4) resolutions referred to in respondent Chuidian's motion were issued after they were thoroughly deliberated upon by the Court's Second Division, albeit the preliminary studies thereon was undertaken by him, as the designated handling justice.

So as to prove the regularity of the said resolutions and the impartiality of the issuing Second Division, and to belie the stated reason underpinning the motion in question, Justice Velasco, Jr. has expressed his recusement from G.R. No. 180264.

WHEREFORE, the recusement of Justice Presbitero J. Velasco, Jr. from G.R. No 180264 and the reasons therefor are NOTED. The matter is referred to the Raffle Committee for the designation of another member in lieu of Justice Velasco, Jr.

Respondent Chuidian is ORDERED to inform the Court from whom he obtained the information that Justice Velasco, Jr. is the ponente of G.R. No. 180264 within ten (10) days from notice.