Sereno spokesman: Impeachment based on 'double hearsay'

MANILA, Philippines — The basis of Lawyer Lary Gadon's impeachment complaint against Chief Justice Ma. Lourdes Sereno is based on 'double hearsay,' Sereno's spokesperson said.

Josa Deinla said that Gadon committed double hearsay when he admitted that he got his information from Manila Times reporter Jomar Canlas who allegedly sourced his information from Associate Justice Teresita Leonardo-De Castro.

"The admission of Atty. Gadon that he based his information as relayed by a 'friend' whom he identified as a certain Jomar Canlas, is clearly a violation of the hearsay rule," Deinla said.

"Hearsay is evidence of a statement that was made other than by a witness while testifying at the hearing in question and that is being offered to prove the truth of the matter stated," she explained.

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During the House of Representatives' hearing on Sereno's impeachment, Gadon tried to evade the question on the source of his information and repeatedly told the panel that the Supreme Court justice was "very much" willing to testify in Congress.

Gadon also stressed that it was De Castro who was in the best position to answer allegations that Sereno falsified Supreme Court documents including a temporary restraining order.

Upon further questioning by House solons, Gadon later admitted, "I didn't talk to Justice De Castro, I talked to reporter Jomar Canlas."

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De Castro has denied providing documents, which served as the basis for the complaint against her colleague, to the newspaper reporter.

"I have never released to Jomar Canlas (of Manila Times) any information, report, or document regarding the work of the Supreme Court," De Castro said in a statement released through the SC Public Information Office head Theodore Te.

According to Deinla, if the source of the alleged internal memorandum was indeed De Castro this would constitute a clear violation of the internal rules of the Court which safeguarded the confidentiality of its sessions and documents.

"The Supreme Court sessions are executive in character, with only the Members of the Supreme Court present. The Supreme Court deliberations are confidential and shall not be disclosed to outside parties, except if authorized by the Supreme Court," Sereno's spokesperson said.

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Gadon alleged in his complaint that Sereno falsified a temporary restraining order on party-list proclamations in 2013. The draft TRO, drafted by De Castro, was different from the ruling released by Sereno's office, according to Gadon.

Sereno reasoned that she was merely exercising her power as chief justice which included issuing TROs when the SC was in recess.

Deinla emphasized that Gadon bore the responsibility of proving his allegations and demonstrating that Sereno was guilty before a court may convict her.

"Burden of proof can define the duty placed upon a party to prove or disprove a disputed fact, or it can define which party bears this burden," she  explained. 

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