MANILA, Philippines — If it ain’t broke, why fix it?
This in essence was the sentiment given by three Supreme Court (SC) justices who attended yesterday’s impeachment hearing against Chief Justice Maria Lourdes Sereno, where delays in the release of benefits of surviving spouses of justices and judges were discussed.
“Until now, I still don’t understand the need to form two technical working groups (TWG) for survivorship benefits,” Associate Justice Diosdado Peralta said, noting how efficient the SC was when it comes to such benefits.
His colleague, Associate Justice Lucas Bersamin, agreed as he told the committee on justice that such TWGs were actually a “duplication” of the 15-man tribunal that approves such fund releases.
“It is an innovation that I think is unnecessary,” he said, adding that it is contrary to Sereno’s assertions that she is authorized to reject such requests. “My personal experience in the SC is that it cannot happen. It is always the en banc that makes the decision.”
As far as Associated Justice Samuel Martires is concerned, the two TWGs may have had the impression that they can reverse the rulings of the SC, which only takes at most three weeks to release the funds, compared to the nearly two years under them.
“We have this saying that says this is what flies do as they stand on the back of a carabao. Perhaps, that’s what their mentality is,” he told members of the Umali panel.
The delay in the release of survivorship benefits was among the grounds cited by Lorenzo Gadon in his impeachment complaint against Sereno.
Lawyer Jocelyn Fabian, Sereno’s fellow Born Again Christian according to Deputy Majority Leader Juan Pablo Bondoc, was designated TWG head who, Gadon said, “never worked in the judiciary” and who handled only a “small department store in Mindanao.”
“It is really a wonder why she is there,” Gadon reiterated, referring to Fabian.
Court Administrator Midas Marquez refuted claims that the current system dealing with survivorship benefits may not have been “efficient or speedy enough” as observed by Rep. Rodante Marcoleta of party-list Sagip.
“Our process is very simple and not complicated. To me, that is a very simple process. I wouldn’t know what other objective the memo seeks to attain,” he said.
“You cannot say it is not fast because it takes only two to three weeks... But here, two years,” he added.
Martires, Peralta and Bersamin, along with Marquez, were unanimous in saying that it never takes long before such requests for benefits are sought, as in the cases of 271 spouses whose applications were approved.
Twenty-nine cases were delayed, however, and reached two years, borne out of the TWGs – which also differed on each other’s positions – that Sereno created.
Marquez, who has direct supervision over judges, said these 29 cases are no different from the 271 others.
The magistrates said the requirements were very simple, since a surviving spouse can qualify for as long as the deceased jurist had rendered at least 15 years in the judiciary prior to February 2010, when the law on survivorship benefits (Republic Act 9946) took effect.
In another development, the House committee on justice chaired by Oriental Mindoro Rep. Reynaldo Umali issued last night a subpoena to two psychiatrists who were reportedly fired by Sereno when they declared that she failed in her psychiatric tests.