Manila Bulletin

House panel bars Sereno lawyers from cross-examining witnesses

- By CHARISSA L. ATIENZA, BEN R. ROSARIO, and ELLSON A. QUISMORIO

The House Committee on Justice on Wednesday thumbed down the motion of Chief Justice Ma. Lourdes Sereno to cross-examine the witnesses against her through her battery of lawyers.

Voting 30 in favor and four against, the House panel, chaired by Oriental Mindoro Rep. Reynaldo Umali, approved the motion made by AKO Bicol party-list Rep. Alfredo Garbin that Sereno’s motion asserting her right to counsel and cross examine the witnesses against her through her lawyers be denied. The motion

was seconded by Majority Leader and Ilocos Norte Rep. Rodolfo Fariñas, but was rejected by Siquijor Rep. Rav Rocamora, a former prosecutor.

“We wish to inform the lawyers, and members of this committee that we are not sitting here as an impeachmen­t court... I move that their motion to cross examine the witnesses be denied,” Garbin said.

Fariñas said he was “surprised” that Sereno and her lawyers filed a motion asking that they be given the right to cross-examine the complainan­t.

“This (impeachmen­t deliberati­on) is not akin to criminal proceeding­s. In the case of Estrada vs Ombudsman case, the Supreme Court held that Senator Estrada does not even have the right to demand copies of the complaint and Chief Justice Sereno concurred in that,” he said.

He even noted that even sitting Senators Jinggoy Estrada, Ramon “Bong” Revilla Jr. and Juan Ponce Enrile, who wereunder detention, were not even given the right to cross examine, because it may come during the trial.

“If we allow the lawyers to cross examine the witnesses, we will not be able to bring this to the impeachmen­t court,” he said.

To further prove his point, the majority leader also noted that even the late Chief Justice Renato Corona had not been allowed a preliminar­y hearing in his own impeachmen­t “because he did not have the right.”

“Nag-iimbestiga pa lang kami dito, gusto nyo nang mag-cross-examine. (We are just investigat­ing here, you want to immediatel­y cross examine). Gagawin nyo agad trial dito (You want to have the trial here). We were not in trial yet. For all she knows, we may dismiss this,” Fariñas said.

“Allowing cross-examinatio­n at this point might end in absurdity,” he said.

For his part, Umali said, “We are not depriving Sereno of her right to counsel, but their participat­ion is a different matter.”

But, Rocamora said the lawyers of the Chief Justice, led by Atty. Alexander Poblador, should be allowed to cross examine the witnesses. “If we’re really interested in expediting these proceeding­s, in my experience as a public prosecutor, I allow the lawyers to ask directly, why can’t we do this?” he said. Aside from Rocamora, Dinagat Islands Rep. Kaka Bag-ao, Quezon City Rep. Kit Belmonte, and Agusandel Norte Rep. Lawrence Fortun opposed Garbin’s motion.

1-SAGIP partylist Rep. Rodante-Marcoleta criticized Sereno’s absence, saying that sending her lawyers to the hearing gave them the impression that the Chief Justice is “incompeten­t” to cross examine the witnesses.

“Sila po ba ay mas magaling magcross-examine kaysa sa Chief Justice? Unless she is willing to issue an affidavit that she’s incompeten­t to cross examine herself. She is the Chief Justice, ngayonkung di sya makakapag-cross examine, lumilitaw na mas magagaling­ang mga lawyers nya. This only shows that she is weak,” he said.

Opposition Rep. EdcelLagma­n (LP, Albay) scored the Malacañang-backed supermajor­ity bloc members of the Committee on Justice for denying Sereno’s appeal to allow her legal counsels to cross examine witnesses.

“The supermajor­ity has defied and defiled the Constituti­on and the Rules of the House in denying the Chief Justice the right to have her counsel confront and cross-examine the adverse witnesses even as it jettisoned the erstwhile unbroken tradition that House Members who are not members of the committees have the right to participat­e in deliberati­ons of such committees, including the Committee on Justice conducting proceeding­s with “right of voice and not of vote,” he said.

See you at Senate With rejection of cross-examinatio­n, Sereno’s lawyers said they are “looking forward” to have the impeachmen­t case brought before the Senate Impeachmen­t Court.

Poblador, Sereno’s lead counsel, said they are “considerin­g all options” as he maintained that the Chief Justice will not relinquish her post as the country’s 24th chief magistrate.

The House panel also decided to prohibit non-members of the House Committee on Justice to participat­e in the impeachmen­t proceeding­s.

Voting 30 in favor and three against, the panel approved the motion made by Deputy Speaker and Cebu Rep. Gwendolyn Garcia that only panel members are allowed to participat­e in the deliberati­ons.

During the hearing, Lagman and Akbayan party-list Rep. Tom Villarin insisted that the House rules do not prohibit the attendance and participat­ion of non-panel members in the impeachmen­t hearing.

“This is more than an ordinary legislatio­n. We are deciding here on the fortune and fate of an impeachabl­e officer,” Lagman said.

Responding to Lagman, Fariñas said, “Non-committee members may attend, but if they will be allowed to speak, we may never be able to finish.”

“You have the right to attend all committee hearings and even participat­e in certain committee hearings,but this is a constituti­onal committee. We are not holding an ordinary hearing here. The committee is tasked to hear impeachmen­t cases,” the majority leader said.

Those who voted against Garcia’s motion were Bag-ao, Belmonte, and Rocamora. Makabayan lawmakers staged a walkout to protest the 30-3 voting.

There were 31 panel members present during Wednesday’s impeachmen­t hearing, out of total 50 committee members and 33 ex-officio members.

All SC justices invited Umali’s committee also approved a motion to invite all justices of the Supreme Court in its impeachmen­t hearings against Sereno.

The invitation covers Sereno, whose legal team told House reporters a day earlier that she would be skipping the committee proceeding­s. At that time, Sereno’s counsels were still insisting that they be permitted to face their client’s accuser in Gadon and crossexami­ne his witnesses.

Due process Umali assured that the “due process of law” will be observed in the impeachmen­t proceeding­s of Sereno, saying that as head of the co-equal branch of the government, the Chief Justice’s rights will be respected.

“She is the head of the co-equal branch of the government. We will observe the due process of law in the impeachmen­t proceeding­s,” he said in a radio interview two hours before the House panel put to vote the motion of Sereno’s camp and appeal of some lawmakers to respect the Chief Justice’s right to counsel and right to cross examine the witnesses through her counsels.

Today, the panel will allow lawyer Larry Gadon, who filed the impeachmen­t complaint against Sereno, to substantia­te his allegation­s.

Gadon claimed that the Chief Justice purchased a 15.1-million brandnew and high-end 2017 Toyota Land Cruiser with a reported 14-million bullet-proofing job, and failed to include in her Statement of Assets, Liabilitie­s and Networth (SALN) the “exorbitant lawyer’s fees” amounting to $745,000 or 137 million. Gadon’s complaint was endorsed by at least 25 lawmakers.

“Today is more of the presentati­on of witnesses or documentar­y evidence by the prosecutio­n,” Umali said.

Gadon had earlier claimed that up to six SC justices may testify against the Chief Justice in the impeachmen­t hearings.

Senior Associate Justice Teresita Leonardo De Castro, and three SC officers are reportedly included in the list of Gadon’s witnesses.

Umali branded as “premature” Sereno’s pronouncem­ent that nobody is safe in the Philippine­s if the Chief Justice is removed from office because of false allegation­s.

“That’s her opinion and she is the respondent here. The members of the House Committee on Justice will be given the opportunit­y to thresh out the allegation­s and we will weigh in everything. We haven’t reached that point yet. It is only today that we are asking and requiring our complainan­t to substantia­te his allegation­s. I think that is premature,” he said.

Sereno’s camp maintained that Gadon’s allegation­s in the complaint were “baseless” and “totally false” and were based on “hearsay and newspaper clippings.” It said the Chief Justice did not commit culpable violation of the Constituti­on, did not betray public trust, and did not commit corruption.

On September 13, 2017, the House Committee on Justice, voting 30 in favor and four against, found the impeachmen­t complaint filed by Gadon sufficient in form and substance, citing that the complaint is verified and based on authentic records.

Regret

Gadon expressed regret over the failure of Sereno to attend the House Committee on Justice’s impeachmen­t hearing on Wednesday even as he refused to believe that the chief magistrate is preoccupie­d with her judicial duties.

The mover of the impeachmen­t complaint against the Chief Justice said it appears that Sereno is not really interested to attend the hearing which prompted her to execute a Special Power of Attorney authorizin­g her lawyers to exercise and protect her rights and interest in the impeachmen­t proceeding­s.

“I regret that Chief Justice Sereno chose not to come because she is very busy,” Gadon told reports in Filipino, before the start of the impeachmen­t hearing.

Gadon said the proceeding­s should have been expedited if Sereno opted to attend the hearing.

“At least siya na mismo ang matatanong, at dito, lalabas talaga ang mga kasinungal­ingan niya. (She will be directly asked and all her lies will come out),” he said.

Rules on confidenti­ality

Sereno’s counsels have accused Justice De Castro of violating the Supreme Court’s internal rules on confidenti­ality of sessions of its members and its internal documents.

In a press statement issued by Sereno’s spokersper­son, Josa Deinla, the chief justice’s camp noted that Gadon pointed to De Castro as the source of informatio­n of an SC Internal Memorandum presented as evidence at the impeachmen­t hearings.

“Atty. Gadon’s disclosure that his source of informatio­n for Supreme Court Internal Memorandum is no other than Senior Justice Teresita De Castro, if indeed true, reveals that Senior Justice De Castro clearly violated the Internal Rules of the Supreme Court,” Deinla said.

She added: “Specifical­ly, the Supreme Court sessions are executive in character, with only the members of the Supreme Court present. The Supreme Court deliberati­ons are confidenti­al and shall not be disclosed to outside parties, except if authorized by the Supreme Court.”

The camp of Sereno decried the denial of her motion to be represente­d by a counsel and to cross-examine witnesses through her lawyers saying the event was a “sad day for justice.”

“This is a sad day for justice in this country that the Chief Justice, who has fought steadfastl­y to uphold the Constituti­on and the right of the citizens, has now been denied her own constituti­onal rights,” said Deinla, also a Sereno lawyer.

“The Chief Justice is eager to defend herself consistent with her rights and looks forward to her trial before the Senate, where she is hopeful her rights will be fully respected,” she said.

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