CJ Maria Lourdes Sereno apologizes to SC justices over leave

MANILA, Philippines — Chief Justice Maria Lourdes Sereno has apologized to her colleagues in the Supreme Court (SC) for the confusion over the nature of her leave, but made it clear she would not resign from her post as the nation’s top magistrate.

In a statement, Sereno expressed regret that her camp’s announcement of her leave was “inaccurately conveyed,” which drew the ire of the SC justices.

“It is unfortunate that my plan of making use of an already approved wellness leave in relation to an indefinite leave was inaccurately conveyed for which I apologize,” her statement read.

Sereno explained that she was only following the appropriate administrative rules of the SC, which do not contain any provision for an “indefinite leave.”

She cited the provisions stated under Rule 7, Section 6c of the Internal Members of the Supreme Court, which qualifies the use of her wellness leave for her indefinite leave.

Sereno added that she understood the sentiment of the SC’s 13 associate justices in their expectations on the announcement of her indefinite leave.

Still, Sereno reiterated that her indefinite leave would not mean that she would step down from office.

“I have not resigned and I will not resign. This indefinite leave is not a resignation. I will devote my time to the preparation of my Senate defense and work on the cases in my docket,” she said.

Lawyer Jojo Lacanilao, one of Sereno’s spokespersons, said that their camp was facing a “critical time” as the House of Representatives is expected to indict her soon.

He added that they would not like to compromise their strategy and defense given that they are still awaiting the articles of impeachment.

Lacanilao also expressed apologies for any confusion that may have stemmed from the issue of Sereno’s leave, adding that they were only working on information on hand.

“Therefore, there was no malice from anyone of us to confuse, mislead or obfuscate what were fast-developing events in the Supreme Court. By this, we hope to clarify our participation as spokespersons of CJ Sereno,” he said at a press conference in Quezon City.

Lacanilao said they were not privy to what took place during Tuesday’s en banc session where Sereno’s leave was discussed.

Another spokesperson of Sereno, Josa Deinla, said they do know the official itinerary of the Chief Justice during her leave but that she plans to go around the judiciary to assure them that she would not resign and that she is staying for the long haul.

No sufficient evidence

Meanwhile, the House committee on justice has failed to unearth enough proof to impeach Sereno, much less to convict her in her projected Senate trial, Bayan Muna Rep. Carlos Zarate said yesterday.

“If one is to study the supposed evidence presented during the long-drawn impeachment hearings against the Chief Justice, he would find that there is no sufficient ground to impeach her,” he said.

“The hearings were reduced to a fishing expedition to gather evidence for complainant Larry Gadon’s specious complaint,” he added.

In fact, according to Zarate, committee chairman Rep. Rey Umali of Mindoro Oriental and several committee members have repeatedly declared that Gadon’s accusations against Sereno were based on hearsay, and pleaded with him to come up with solid proof and not let the panel do it for him.

Umali said Sereno’s failure to file her statements of assets, liabilities and networth (SALNs) for at least two years when she taught at the University of the Philippines and her supposed breaches of the SC’s collegiality would be used against her.

Spokespersons for Sereno have said their principal had filed all her SALNs. If she did not for certain years, that was because she was on leave from her teaching job, they said.

As for the alleged breaches of the collegial nature of the high court, they said these were mere disagreements with other tribunal members on administrative matters.

Zarate said assuming Sereno’s failure to file some SALNs and her ignoring of the SC’s collegiality to be true, “those do not rise to the level of impeachable offenses.”

“In fact, they are not among the grounds for impeachment enumerated under the Constitution. They will not stand in the Senate impeachment court,” he said.

Zarate said Sereno should not resign and should take her chances in the Senate.

He added that administration allies would need the votes of 16 of the 23 senators to convict and oust her.

Zarate pointed out that six opposition senators are expected to vote against Sereno’s conviction.

“That means that she needs to convince only two senators on the insufficiency of the grounds to impeach her for her to escape ouster,” he stressed.

Zarate, however, conceded that some so-called independent-minded senators who belong to the pro-Duterte majority coalition in the Senate are vulnerable to pressure from Malacañang.

“That is because they have pending pork-related cases in the Sandiganbayan, they have skeletons in their closet that the administration could expose or they are up for reelection or aiming for other posts in 2019 and they need the support of the President,” he said. – Jess Diaz