Associate justices cite Sereno's 'irregularities'

ASSOCIATE justices of the Supreme Court cited on Monday, December 11, instances where Chief Justice Maria Lourdes Sereno did not follow the court's internal rules.

Associate Justice Teresita Leonardo-de Castro told the House committee on justice that it was “irregular” for Sereno not to include in the raffle Justice Secretary Vitaliano Aguirre II's request to transfer the cases filed against members of the Maute group.

De Castro said this was in violation of the SC's internal rules as all cases should undergo raffle proceedings.

The magistrate added that she had been advising Sereno to follow the SC's rules, but to no avail.

“I've been calling the Chief Justice pero limang taon na po. Paulit-ulit akong nagsasabi sa kanya, huwag mong gawin yan, hindi mo yan pwedeng gawin [pero] hindi pa rin siya tumitigil sa paglabag niya doon sa mga dapat sana pinaalam niya sa en banc at pinagdedesisyunan namin, sama-sama kami during the en banc session (It's been five years. I've been telling her not to do it, that she can't do it. She should have brought the matter to the en banc, which will render the decision),” she said.

She continued: “So hanggang kailan kami magtitiis at hanggang kailan namin tatanggapin ang kanyang ginagawa (Until when are we going to suffer and tolerate her actions)? “

Reynaldo Umali, chairman of the justice committee, retorted, “kung wala pong impeachment, hanggang 2030 (until 2030, if there are no impeachment proceedings).”

Umali's reply drew laughter from the members of the committee.

The other associate justices who appeared before the House committee Monday - Associate Justices Francis Jardaleza, Noel Tijam and Arturo Brion (ret) - said Sereno also failed to bring the issue

to the immediate attention of the en banc.

The justices said they failed to formally deliberate on Aguirre’s request as the issue was only tackled over lunch on June 27, which was unusual.

In the said lunch meeting, the associate justices granted Aguirre’s request for the cases to be transferred from the Cagayan de Oro Regional Trial Court to Taguig.

Tijam said the Chief Justice was correct when she said that the en banc has resolved the case.

He explained that the resolution was signed by majority of the magistrates, however, he also said that the matter did not arise out of a consultation and deliberation.

Associate Justice Jardaleza during the hearing noted the Chief Justice’s failure to heed the request of Court Administrator Midas Marquez to have the Maute cases tried in Taguig RTC.

Jardaleza said on June 5, the Chief Justice circulated materials including the letter of Aguirre, the recommendation of Marquez and another recommendation of SC spokesperson Theodore Te.

Jardaleza said Te’s recommendation contradicted the recommendation of Marquez.

“What struck me, is why is Teddy Te taking an issue on court administration na salungat sa (that ran counter to the) recommendation ni Marquez,” he said.

Jardaleza noted that Te, the head of the Public Information Office, has the said rank but does not perform duties related to said position.

Brion, for his part, shared how the associate justices correct each other during en banc sessions. He said there is no other way due to the absence of an ethics committee.

De Castro claims that Sereno did not organize the ethics committee when she assumed post. The magistrate, however, added that the SC could convene as a body to organize the said committee.

“Maliit na grupo lang kami kaya yung mga transgressions na ganyan kung makokorekta naman ng en banc we do it that way,” Brion said.

Brion further continued: “pero alam po ninyo, yung maliit na patak unti-unti, ‘pag inipon mo yang maliliit na patak na yan, katulad ng mukhang nangryayari na ngayon, ‘yan po ay pagdating ng panahon ay nagiging agos. Yun pong agos ay nagiging baha.”

Sereno in her defense, earlier, said she was the member in charge of the case.

De Castro refuted this during the hearing, saying “if it was not raffled to her (Sereno), then she can’t be the member in charge.”

Clerk of Court Felipa Anama in a previous house hearing admitted that the case did not undergo raffle proceedings as it has already been acted upon by the Chief Justice, thereby assuming that she is the member in charge.

The House committee on justice is now deliberating on whether there is probable cause to oust the Chief Justice over culpable violation of the constitution, corruption and betrayal of public trust. SunStar Philippines