Aquilino Pimentel III assures Chief Justice Maria Lourdes Sereno of fair trial

MANILA, Philippines — Chief Justice Maria Lourdes Sereno is guaranteed a fair trial at the Senate in case the impeachment complaint against her reaches the chamber, Senate President Aquilino Pimentel III said yesterday.

The House committee on justice concluded on Tuesday its deliberations on the impeachment complaint against Sereno and is now poised to transmit the case to the Senate for trial.

Sereno begins her indefinite leave today as she gears up for a tedious impeachment trial. 

Asked to comment on the likelihood of a Senate trial for Sereno, Pimentel emphasized that senators, acting as judges, would rely chiefly on evidence presented by the House justice committee.

“This is the attitude of the senators: if there is no evidence, then acquit. But if there is evidence, we also have to consider convicting,” he said.

“That’s why the burden is on the House. If they will now file the impeachment complaint here in the Senate, they should be prepared to prove their case. There are no friends when it comes to this case,” Pimentel stressed.

Pimentel declined to comment on calls for the Chief Justice to resign as well as on her taking an indefinite leave.

House justice committee chairman Rep. Rey Umali had called Sereno’s announcement of her taking a leave of absence “full of lies and deceit.”  

Pimentel said he would brush up on the rules of court as the Senate finalizes its impeachment rules in anticipation of its convening as an impeachment court.

Sen. Grace Poe also vowed to be objective in the impeachment trial, saying she would be focusing mostly on the evidence to be presented by both sides.

“I hope it (impeachment trial) will not only be fair but also quick because there are so many bills that need to be tackled and could be delayed because of the impeachment (trial),” Poe said.

Senate Majority Leader Vicente Sotto III said in the event the trial pushes through, the chamber will hold legislative sessions on Mondays and Tuesdays while Wednesday to Friday – from 2 p.m. to 9 p.m. – will be for the trial.

Based on his timetable, the Senate might convene as an impeachment court in May with the actual trial likely in July.

“There is a mandated break (of Congress) by the Constitution and we can’t do anything about that. You can call a special session but not during the mandated break of the Constitution, the sine die adjournment,” Sotto said.

Senate Minority Leader Franklin Drilon, for his part, urged the Supreme Court to find ways to help preserve the integrity, dignity and independence of the institution and the judiciary as a whole.

In a statement, Drilon said that he was saddened by the infighting in the Supreme Court, which he said has become a public spectacle.

He said this has “affected not only the people’s confidence in the judiciary but also the administration of justice in the country.”

“We hope for this matter to be resolved among themselves, away from the public’s eye, as it only aggravates the situation that the institution is currently facing,” Drilon said.

“The Supreme Court is one of the pillars of our democracy. We should protect and isolate it from the consequences of the impending impeachment trial of the Chief Justice. The Supreme Court must rise to the crisis whole,” he added.

Some of the SC colleagues of Sereno had testified against her.

Not resigning

As she begins her “indefinite leave” today, Sereno – through her spokespersons – made it clear she is not resigning.

Lawyer Jojo Lacanilao said Sereno has yet to disclose the exact date she would come back from what she had initially announced as a “wellness leave” of 15 days.

“Indefinite in the sense na hindi alam ang end point, but this is not forever. There are speculations it will lead to resignation but we want to emphasize that CJ has no intention to resign at all,” Lacanilao said, referring to Sereno by the initials of her position.

Her other spokesperson Josalee Deinla said the Chief Justice’s taking a leave of absence was a “personal decision” and that she plans to visit local courts to boost the morale of judiciary employees.

Sereno formally filed her leave from the Court, which will be charged against her “wellness leave program,” on Wednesday until March 15 from the initial March 12 to 23.

“She found it opportune to advance her leave to March 1 so that she can prepare for the trial,” Deinla said.

She emphasized Sereno is in good spirits and “can sleep well at night,” as she remains steadfast in her conviction that she is innocent of the allegations against her.

Lacanilao also debunked insinuations that pressures from the other magistrates forced Sereno to take a leave from her duty.

The spokespersons admitted they do not know what happened during Sereno’s meeting with her colleagues. It was after the meeting when Sereno announced her decision to take a leave.

Still, they expressed “concern” over reports that Sereno could have been forced to take an indefinite leave.

“It’s alarming to realize if indeed some magistrates – supposedly the best minds in the law –  had even thought of forcing her to take a leave because there is no legal or constitutional basis for them to force a chief justice to take an indefinite leave,” Deinla said in Filipino.

Lacanilao stressed that Sereno would remain as the Supreme Court’s top magistrate and only a final decision by the Senate would make her leave her office.

“There are no other institutions aside from the Senate which can force the chief justice to resign. Nobody can declare that other than the Senate. For the efforts to pressure her and force her, that’s unconstitutional,” he said.

He added that their camp is busy preparing for a Senate impeachment trial.

He cited other “coordinated efforts” to bring down the Chief Justice, including a quo warranto case that the Office of the Solicitor General might file against Sereno before the SC on the basis of her alleged incomplete statements of assets, liabilities and net worth as well as some tax violations.

Lacanilao also maintained that psychological examinations cannot be used as a basis for impeachment, as it is not listed in the impeachable offenses set by the Constitution.  – With Romina Cabrera, Marvin Sy