If he still won’t, he certainly should — recuse himself from the case filed in the Supreme Court by the Philippine Constitution Association (Philconsa) against SC Associate Justice Marvic Leonen, which seeks the High Court’s declaration of the Bangsamoro Organic Law (BOL) as null and void.

Truth is Justice Leonen, who was earlier named the ponente in this case, should immediately have inhibited himself from this BOL constitutional challenge.

Delicadeza should have prompted Leonen to recuse himself from the case and the reasons for his inhibition are solid. However, delicadeza appears to be sorely lacking in Leonen and, apparently, even constitutionality in this case does not seem to matter to this justice, considering the fact that the government operates under a presidential system of government and the Bangsamoro government operates under a parliamentary system, which is certainly at odds with the form and system of the way the present central government works.

As pointed out in the Philconsa petition, it said that “It is an irrefragable fact that prior to his appointment to the Supreme Court as Associate Justice in November 2012, Justice Leonen was named in July 2010 as the Philippine government’s chief negotiator with the Moro Islamic Liberation Front (MILF), which culminated in the Framework Agreement on the Bangsamoro — which was done and initiated on 12 October 2012 in Kuala Lumpur, Malaysia and signed in Manila on 15 October 2012.”

Also cited was the rule on disqualification of judges laid down in Rule 137, Section 1 of the Rules of Court.

Given this rule, Philconsa argued that Leonen was prohibited, not only by the Constitution “but by the Rules from taking part in any deliberations or proceedings… on the constitutionality of the RA (Republic Act) 110054 abolishing the ARMM, a creation of the 1987 Constitution and creating the BARMM (Bangsamoro Autonomous Region in Muslim Mindanao), acting in excess of and/or with grave abuse of discretion, therefore, null and void.”

There are more constitutional problems, such as Congress, both the Senate and the House, illegally and unconstitutionally amending the 1987 Constitution through mere legislation. Yet Leonen, then the yellow President’s appointed chief negotiator, then a dean in the University of the Philippines College of Law should have known at that time that amending the Charter through mere legislation is patently unconstitutional.

But Leonen was richly rewarded for his work as chief government peace negotiator, as Aquino quickly appointed him to the High Court, replacing then junior justice Ma. Lourdes Sereno, who was elevated to the SC as its chief justice but eventually ousted, replacing then Chief Justice Renato Corona, who was impeached and convicted as plotted by the vindictive yellow President through the high crime of bribing the members of Congress with billions of public money — crimes for which Aquino and his Budget Chief Butch Abad should be tried and imprisoned.

It also should be stressed that Leonen was named by then President Noynoy Aquino as chief government negotiator in the peace talks with the MILF, which agreement was heartily endorsed by Leonen, despite the many constitutional flaws it had and which, at that time, was not received well by the Mindanaoans and also by non-Muslim Filipinos.

To recall, the peace agreement with the MILF at that time also called for a prime minister (now renamed chief minister to make it sound less odious) under a political framework.

There are more BOL provisions that can certainly be challenged before the SC, but as long as Leonen refuses to inhibit himself, there will be no credibility in his and the tribunal’s ruling — especially if the BOL is upheld by the High Court.

Philconsa now seeks the recusal of Leonen from participating in the consideration of the case in consonance with the announcement of the court and his earlier acts from participating in the Philconsa vs Philippine Government charge.

Named respondents by Philconsa are Senate President Vicente “Tito” Sotto III, House Speaker Gloria Macapagal-Arroyo and Executive Secretary Salvador Medialdea of the Office of the President.

Philconsa seeks the High Court’s issuance of a temporary restraining order against the implementation of the law, which creates the BARMM in place of the Autonomous Region in Muslim Mindanao.

The High Court has sat on this case for too long a time and so does Leonen who should have recused himself from the case immediately instead of waiting for Philconsa’s demand for his inhibition.

This is what delicadeza requires, especially as the SC already released a statement in 2015 that Leonen should voluntarily inhibit himself from all pending and future cases related to the Framework and Comprehensive Agreements on the Bangsamoro and the Bangsamoro Basic Law or the BOL.

Will Leonen recuse himself voluntarily or not? If not, then the High Court should, as a body, kick Leonen out from the case.