Sereno to skip impeach hearing despite warnings from House

MANILA, Philippines — Chief Justice Ma. Lourdes Sereno is skipping today’s hearing on the impeachment complaint filed against her at the House of Representatives despite a warning from Speaker Pantaleon Alvarez that her lawyers will not be allowed to cross-examine witnesses.

Sereno maintained that she would not attend the hearing as she sent to the House committee on justice yesterday a special power of attorney designating a team of lawyers to represent her.

She authorized her counsels “to exercise and protect her rights and interests in all stages of the impeachment proceeding.”

Sereno’s authorization includes the cross-examination of witnesses of complainant Lorenzo Gadon, which House leaders wanted the Chief Justice herself to conduct.

Her legal team is composed of Alex Poblador, Dino Vivencio Tamayo, Anzen Dy, Justin Christopher Mendoza, Carla Pingul, Sandra Mae Magalang, Jayson Aguilar, Oswald Imbat, Enrico Edmundo Castelo II, Charles Richard Avila Jr. and Patricia Geraldez.

“Since the House panel appears to be interested in the truth behind the charges levelled against the Chief Justice, then it should welcome the cross-examination of the complainant’s witnesses by her lawyers,” they stressed. 

In a television interview on Monday night, Sereno explained that personally attending the impeachment hearings could jeopardize her duties as chief of the Supreme Court (SC).

Sereno’s lawyers rebutted the pronouncement of House leaders that her failure to personally cross-examine Gadon and his witnesses would amount to an admission of the charges against her.

Members of the House panel will determine if there is probable cause in the impeachment complaint and decide whether to transmit it to the Senate for trial. 

Palace refutes Sereno’s claim

Malacañang refuted Sereno’s claim that the attempt to impeach her poses a threat to the country’s democracy. 

Sereno, who is facing impeachment over alleged corruption and violation of the Constitution, said in an interview that nobody is safe in the Philippines if the chief justice is removed from office because of false allegations.

She stressed that the people’s constitutional rights are assured if there is a “virtuous and independent” judiciary. 

 But presidential spokesman Harry Roque maintained that the impeachment complaint against Sereno is not a threat against democracy. 

“The impeachment complaint is a constitutional process. I do not see how a constitutional process ratified in the 1987 Constitution constitutes a threat to democracy. She’s mistaken there,” Roque said. 

He said it would be up to Congress to handle the impeachment complaint against Sereno. 

CJ seeking public sympathy — Alvarez

Alvarez accused the Chief Justice of doing a tour of the country’s two largest television networks in an effort to seek public sympathy.

 “Obvious naman na nag-TV hopping siya. If she can grant TV interviews, why can’t she attend the hearing of the House committee on justice if she’s not hiding anything?” Alvarez said.

He was referring to Sereno’s interviews with Karen Davila on ABS-CBN News Channel and GMA News TV’s “Bawal ang Pasaway” hosted by Winnie Monsod.

Sereno even showed her residence during her interview with Monsod. 

Sereno maintained that she would not attend her impeachment hearing today by the House committee on justice chaired by Oriental Mindoro Rep. Reynaldo Umali.

Alvarez said defense lawyers or resource persons in committee hearings are not allowed to cross-examine witnesses. 

“She needs to attend the hearing personally to defend herself. We will give her due process,” Alvarez said, refuting allegations that the filing of the impeachment case against Sereno was something personal.

There were reports that two former SC psychiatrists have expressed willingness to testify against Sereno.

The two were dismissed after they allegedly released their findings that Sereno flunked her psychiatric test.

The report is with the Judicial and Bar Council, which Sereno heads and whose ex-officio members include Justice Secretary Vitaliano Aguirre II.

 Gadon accused Sereno of culpable violation of the 1987 Constitution, betrayal of public trust, corruption and for allegedly concealing in her statement of assets, liabilities and net worth the P37 million she received as lawyer’s fees when she handled the Piatco case.

Sen. Leila de Lima said the attempt to impeach Sereno was meant to remove a non-ally of the Duterte administration and to cover up for the failures of government.

 In a statement, De Lima said the administration wants Sereno out so that a chief justice “beholden to the President” would be installed.

“The charges against the Chief Justice are flimsy, if not baseless. But that does not matter, when Duterte’s intent is to weaken institutions capable of keeping his power in check and within constitutional limits,” De Lima said.

Parañaque Rep. Gus Tambunting called for sobriety and respect for democratic institutions in dealing with the Sereno impeachment issue.

The Chief Justice has the legal right to elevate the impeachment case against her to the SC, according to lawyer Romulo Macalintal.

Macalintal said the Constitution grants the SC power to review the acts of any branch of government to determine if any official committed grave abuse of discretion amounting to lack of jurisdiction in the performance of functions.

“Sereno could argue that any denial of such constitutional right constitutes grave abuse of discretion amounting to lack or excess of jurisdiction,” said Macalintal, who was among the petitioners in the impeachment complaint against former chief justice Hilario Davide.

According to Macalintal, the power of the SC to review acts of Congress in impeachment cases had been tested in the impeachment cases filed against Davide in 2003 and former ombudsman Merceditas Gutierrez in 2011.

Macalintal said the SC declared the impeachment complaint against Davide as unconstitutional for being violative of the constitutional provision that “no impeachment proceedings shall be initiated against the same official more than once in a year.”

In the Gutierrez case, the SC issued a temporary restraining order that stopped the impeachment proceeding against her. The high court eventually dismissed her petition.

The House of Representatives impeached Gutierrez in March 2011. She resigned from her post 10 days before her Senate impeachment trial was set to begin.  –  With Edu Punay, Alexis Romero, Marvin Sy, Mayen Jaymalin