MANILA, Philippines – Creating special courts to try the plunder cases against the senators charged in the country’s biggest corruption scam in recent history may put at risk an impartial trial.

This was the view of Senator Juan Ponce Enrile, who opposed Ombudsman Conchita Carpio Morales’ request for the Supreme Court to create special divisions in the anti-graft court Sandiganbayan to try the case relating to the alleged plunder of the Priority Development Assistance Fund (PDAF) of lawmakers.

In his comment dated June 16, 2014, Enrile said that Morales herself asking for the creation of special divisions is unusual. In the past, Enrile pointed out it was the accused who made such a request, specifically former president Joseph Estrada who was also accused of plunder.

“The request was made by the accused, citing as ground the continuing uncertainty in the composition of the Division trying the cases because of the retirement of several justices which have occurred, and may occur during the presidency of the case,” Enrile said.

The veteran lawyer also said that agreeing to Morales’ request would subvert the “carefully crafted system” provided in the Constitution, which lists required qualifications for members of the courts and which institutes a system of appointment.

These practices, said Enrile, are meant precisely “to enhance the appearance of independence and integrity” as is the raffling of cases to multiple trial courts.

Enrile added that the “horrendous avalanche of publicity in the PDAF cases” all the more requires judges who can be independent and impartial, since “the highly charged and biased environment” gives the impression that the High Court has “joined the clamor for the condemnation” of him and his fellow senators.

Watch this report below.

The 90-year-old senator is accused, along with two other senators – Jinggoy Estrada and Bong Revilla – of misusing his PDAF by channeling billions of pesos to bogus non-governmental organizations (NGOs) owned by alleged scam mastermind Janet Lim Napoles in exchange for hefty kickbacks.

Estrada and Revilla are both detained in Camp Crame, while the 3rd division trying Enrile’s case has yet to decide on whether the case against him has probable cause. Both Estrada and Revilla also oppose Morales’ request. (READ: Jinggoy to SC: Special courts prove selective justice)

Earlier, Morales had requested for the creation of special courts citing the special circumstances of the cases and the need to speed up the trial. – Rappler.com