Chief Justice Reynato Puno could not be accused of committing impeachable offense when the Supreme Court en banc deferred the promulgation of a draft ruling on the disqualification case of a lawmaker.

Associate Justice Ruben Reyes, who retired last Jan. 3 as member of the high tribunal, stressed that there was nothing irregular in the decision of the court to ?take a fresh look at? the disqualification case of Rep. Jocelyn Limkaichong. That action resulted in the non-promulgation of Reyes? ponencia or ruling, which was already signed by the 14 justices.

Reyes said Puno cannot be held liable for impeachment because ?there was nothing irregular for what the court has done.?

According to Reyes, ?what is important here is that the entire court resolved to defer the promulgation of my ponencia and [subsequently] to hold oral arguments on the matter.?

?Legally speaking, there is no decision yet to speak of, until one is promulgated and there is none yet,? he said, effectively refuting the claim of one of the parties that the chief justice sat on the promulgation of Reyes? ponencia.

Reyes said it is unfair to the chief justice to be accused of committing irregularity when it was the entire court that decided to ?take a fresh look? at the controversial case.

?These attacks on the court are below the belt and uncalled for,? said Reyes.

?The Supreme Court [spokesman Midas Marquez] has already spoken about the matter and he is correct. Unless a decision is promulgated by the clerk of court of the SC, it is not a decision of the court.?

The retired SC justice stressed that the ?draft decision? should ?not have ended up in the hands of a litigant? and explained that he is ?still awaiting the findings of the investigating committee? looking into the circumstances of how the draft was released.

?The source of the supposed draft was a court employee and not a justice and that is clearly irregular,? Reyes said.

?I swear before God and man, I am not the source of the leak. I cannot tolerate it. If they find that the leak came from my office, then pinpoint the employee who did it,? Reyes said.

He said no person in his or her right mind would release an unpromulgated decision since it would be a violation of the country?s Anti-Graft and Corrupt Practices Act. ?It would be like committing suicide,? he said.

?That is my dilemma. I want to defend myself but I cannot reveal everything that is happening because the SC is conducting its own investigation,? he said.

The SC is looking into the unauthorized release of an unpromulgated ponencia on the disqualification case filed against Limkaichong. Rey E. Requejo