House panel votes 25-2 to pursue impeach raps against Sereno

The House Committee on Justice yesterday found sufficient grounds to pursue the impeachment of Supreme Court Chief Justice Maria Lourdes Sereno.

Next in the House panel’s agenda will be to determine probable cause in filing the impeachment case that contains 27 allegations supporting the grounds of culpable violation of the Constitution, betrayal of public trust, graft, and other high crimes that complainant Lorenzo Gadon wrote in his complaint.

Voting 25 for and 2 against, the committee approved a mo-

tion presented by Misamis Occidental Rep. Henry Oaminal, justice panel vice chairman, declaring that there is sufficient ground for the congressmen to determine Sereno’s culpability.

Liberal Party Reps. Christopher Belmonte (Quezon City) and Kaka Bag-ao (Dinagat Island) registered the opposing votes.

Gadon and Sereno were not present during the impeachment proceedings that followed the finding of sufficiency in form and substance.

During the over two hour deliberations, the House panel chaired by Mindoro Oriental Rep. Reynaldo Umali also treated as “mere scrap of papers” the two letters sent by Sereno.

In the letters sent to the justice panel, Sereno, through her lawyers, urged the Lower House to grant her and her lawyers the right to cross examine the witnesses to be presented by Gadon.

“These look like scraps of papers to me. How can the lawyers be writing a letter when they have formally sent verified answer and rejoinder to the complaint,” said Majority Leader Rodolfo Farinas.

He added: “I take issue on this letter. Why are we discussing this piece of paper?”

Deputy Speaker and Capiz Rep. Fredenil Castro and Leyte Rep. Vicente Veloso explained that the committee will follow its rules by not entertaining Sereno’s lawyers from conducting cross examination.

Previously, Umali stated that the committee will uphold Sereno’s right to confront and cross examine witnesses but not her lawyers.

However, Umali pointed out that the decision to appear before the committee lies solely on Sereno.

“She may no longer show up in the hearings but we may call her for clarificatory questions, if needed,” the justice panel chief said.

Lawyer Josa Deinla, Sereno’s counsel, lamented the House’s decision as she pointed out that the rules on impeachment specifically grants Sereno, even her lawyers, to determine the truth and veracity of evidence and testimonies via cross examination.

“On the mere basis of technicality, hindi na ito na-take up,” she said.

Castro and Oaminal stressed that the ongoing justice committee proceedings is akin to preliminary investigation in criminal proceedings conducted by an investigating prosecutor.

“Clarificatory questions, not cross examination, are allowed. In the case of impeachment and other committee deliberations in Congress, lawyers are not allowed to speak as provided by the rules,’ Castro stated.

Umali made the same clarification, pointing out that the request of lawyers to allow them to conduct cross examination is “one thing not allowed under the rules.”

Before the proceeding to determine sufficiency of ground to impeach Sereno, Albay Rep. Edcel Lagman appealed that all 27 acts cited in the complaint be taken up and voted upon separately.

His appeal was rejected by majority of the solons as they noted that being not a committee member, Lagman may only make suggestions but is barred from making any motion.

“If we vote one by one on the allegations, this will be inconsistent with the rule,” stated Castro.

Supporting Castro’s stand, Oaminal cited as precedent the justice committee decision in the impeachment of former Ombudsman Merceditas Gutierrez in 2011.

“The motion to declare sufficiency of ground was carried by 42-12 voting of members. The committee voted to treat the ground on the basis of the whole complaint and not on the basis of the alleged acts committed,” Oaminal said.

In calling for the dismissal of the complaint, Bag-ao pointed out that Gadon himself had admitted that the acts he cited against the chief justice may not comprise impeachable grounds.

“There are many charges that are based on internal processes. These are insufficient to establish grounds for impeachment,” she stated.

Airing a similar argument against finding sufficient ground to pursue the complaint, Belmonte chided Gadon for failing to present “a single evidence” to back up his complaint.