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Sereno won't quit amid impeach raps

By Christopher Lloyd Caliwan

September 14, 2017, 11:42 pm

MANILA -- The camp of Supreme Court (SC) Chief Justice Maria Lourdes Sereno on Thursday said she has no plan of resigning from her post despite the impeachment complaint filed by lawyer Larry Gadon before the House of Representatives.

"It's not being considered by the Chief Justice even as an option at this point," Sereno’s spokesman lawyer Carlo Cruz said.

Cruz said the SC chief did not hide her earnings from the Ninoy Aquino International Airport terminal 3 expropriation case in her statement of assets, liabilities, and net worth (SALN) as alleged in the impeachment case against her.

“That's a matter of government record and these fees earned four or five years ago when she stepped into the Supreme Court eh hindi naman yata rasonable na lahat ng earnings mo bago kayo maipasa sa public office eh dapat ideklara mo," Cruz said in an TV interview apparently referring to the accusation that Sereno failed to report or include in her SALN the earnings she made when she represented the Philippine International Airport Terminals Co. in the controversial case over the alleged irregularity in the construction of Terminal 3 of the Ninoy Aquino International Airport.

He stressed that the legal service fee earned by the Chief Justice in the arbitration case involving Philippine International Airport Terminal Co. was a "matter of government record" and "never concealed."

Sereno worked in the legal team led by retired SC Associate Justice Florentino Feliciano in the arbitration case involving the NAIA 3 expropriation.

Records from a case involving the payment of attorney's fees in the case, which reached the Court of Appeals, showed that Sereno earned at least USD336,287.66 or more than PHP16 million for her legal services.

On Wednesday, a total of 30 lawmakers voted that the Gadon complaint was sufficient in form while only four voted against it.

In determining sufficiency in form, the complaint filed by a citizen must be endorsed by an incumbent congressman and must also be verified. The aspect of verification requires that the complainant has personal knowledge or that the allegations made are supported by authentic documents.

The requirement of substance, on the other hand, is met if there is a recital of facts constituting the offenses charged and determinative of the jurisdiction of the committee.

House Justice Committee chair Reynaldo Umali said impeachment proceedings are political in nature and the standard of individual appreciation of each committee member in determining if the complaint’s sufficiency in substance is followed.

“The impeachment process is a democratic one , and the will of the majority shall always prevail,” Umali said.

“Impeachment is the most formidable weapon in the arsenal of democracy. We will not hesitate to wield this weapon if our democratic institutions are in danger,” he added.

Umali said Sereno is given a period of 10 calendar days upon receipt to answer the Gadon complaint.

“Ten days from today we will announce the next hearing after respondent Chief Justice Maria Lourdes Sereno has filed her answer,” Umali said.

The next stage of the impeachment proceedings is the determination of the sufficiency of the grounds alleged in the complaint and determination of probable cause based on evidence submitted to the committee.

Gadon’s complaint, which was endorsed by 25 House members, accused Sereno of culpable violation of the Constitution, corruption, other high crimes and betrayal of public trust.

Gadon stated that Sereno did not declare in her Statement of Assets, Liabilities and Net Worth (SALN) the “exorbitant lawyer’s fees” of USD745,000 or PHP37 million which she received from the Philippine government.

Gadon said the issue of SALN declaration is the strongest case presented against the Chief Justice.

The complaint alleged that Sereno committed corruption when she, among other things, used public funds to: finance her extravagant and lavish lifestyle by ordering the purchase of a brand-new luxurious Toyota Land Cruiser 2017 model as her personal vehicle, amounting to more than PHP5 million; and stay in opulent hotels when attending conferences in the country and abroad.

Cruz said contrary to the findings of the House Committee on Justice, none of the allegations in the Gadon complaint is true.

“For this reason, we respectfully submit that the complaint cannot be considered sufficient in form and substance. None of the allegations rises to an impeachable offense. The complaint against her seems designed to maximize the political spectacle, with the goal of eroding her credibility through innuendo and malicious allegations. This is detrimental to the independence of the judiciary upon whom all citizens rely to defend their rights and to check any abuse,” said Cruz, an expert in constitutional and administrative law.

Cruz said the Chief Justice would address all the issues raised against her in the impeachment complaints in the answer that she would be filing.

“The Office of the Chief Justice awaits the transmission of the complaints through official channels. She will avail herself of appropriate legal remedies, with the hope that the mechanisms of our democratic system will afford her a fair, transparent and just opportunity to be heard,” Cruz said.

“We maintain that Chief Justice Sereno has always lived a modest, god-fearing lifestyle. She has followed her oath of office and conducted herself with strict faithfulness to that oath. She has been among the foremost proponents of establishing a culture of modesty and respect for public funds in the Supreme Court. She has instituted reforms in the judiciary and has asserted and defended the independence of the judicial branch of government, he added.

He said this concern would also be raised in Sereno’s reply to the complaints.

“We remain hopeful that our Congress will decide based on the merits of the case, and affirm their commitment to our democracy over partisan or parochial interests. In the meantime, the Chief Justice continues to discharge her duties with fairness, integrity and humility,” Cruz explained.

Cruz declined to give specifics on the answers that Sereno will submit to the House in response to the complaint.

He, however, said that Sereno’s legal team headed by veteran lawyer Alexander Poblador is already preparing her answers to the allegations.

Though she described the impeachment as one meant to erode her credibility, Cruz said they would focus on the allegations and not on any political angle or issues of the accusations.

"We have to focus on the charges kasi what we are fighting here for is not only the reputation of Chief Justice; it is our integrity and the integrity of the Supreme Court," he added. (PNA)

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