Carpio should recuse self from WPS case – OSG

THE Office of the Solicitor General ( OSG) has asked the Supreme Court enbanc to order Senior Associate Justice Antonio Carpio to inhibit himself from the case filed by fishers involving the West Philippine Sea ( WPS or South China Sea).

Government lawyers claimed that Carpio had shown bias on the issue, thus he should not be allowed to participate in the hearing of the case.

This case concerns the petition for a WritofKalikasan filed before the Supreme Court, seeking to protect, preserve, rehabilitate and restore the marine environment in Scarborough ( Panatag) Shoal, Second Thomas ( Ayungin) Shoal, and Mischief ( Panganiban) Reef.

In its motion for inhibition, the OSG said Carpio should inhibit himself since he had already made pronouncements on the issue.

It cited Section 5, Canon 3 of the New Code of Judicial Conduct, which states that a judge who is unable to decide the matter impartially must be disqualified.

“In this case, the Honorable Justice Carpio’s bias is shown in his public statements regarding the 2016 Award and how said award should be enforced. The most telling of his partiality was the earlier quoted menu of options to enforce the Arbitral Award he enumerated in his e- book,” the document reads.

It pointed out that “his overzealousness to have the 2016 Arbitral Award be enforced manifests his inclination on how he will rule on this case. Through these pronouncements, his predisposition in the subject matter of this case is confirmed.”

Those who filed the petition for a Writ of Kalikasan were members of the fishing community from the municipality of Kalayaan, Palawan and Sitio Kinabukasan, Cawag in Subic, Zambales.

Named respondents were the Department of Environment and Natural Resources, Department of Agriculture, Bureau of Fisheries and Aquatic Resources, Philippine Navy, Philippine Coast Guard, Philippine National Police ( PNP), PNP Maritime Group and Department of Justice.