Sereno mulls options
The camp of Chief Justice Maria Lourdes Sereno has yet to make a pronouncement on whether she will attend the House committee on justice hearing on the impeachment complaint against her.
“The legal team is still discussing the invitation,” said lawyer Josa Deinla, a spokesperson for Sereno, in a text message on Friday.
The House justice committee, which released the invitation for Sereno on Thursday, will resume its hearing on November 22.
Sereno, through her lawyers, earlier asked the committee to assure her of her right to counsel and cross-examination of witnesses for the impeachment proceeding.
House Speaker Pantaleon Alvarez said Sereno should personally appear before the committee so she can be given the opportunity to cross examine the witnesses in the impeachment case filed by lawyer Lorenzo Gadon against her.
Deinla, however, said Sereno has the right to cross examine the witnesses through her lawyers as part of the “due process of law” enshrined in the Constitution.
Albay Rep. Edcel Lagman also said Sereno may not attend the hearing.
“The Chief Justice can effectively and legally appear through her counsel on record who could also cross-examine the complainant and his witnesses on her behalf,” said Lagman.
Lagman explained that both the Constitution and the House Rules on Impeachment accord a respondent in an impeachment case the right to counsel and have her counsel conduct the cross-examination.
“The opinion of Umali that the Chief Justice herself must make the cross-examination is an utter derogation of the respondent’s right to counsel, who is not a useless appendage in the proceedings,” said Lagman.
Lagman on Thursday filed before the office of Umali a letter explaining his position on the right of Sereno to cross-examine the witnesses against her through her lawyers.
The lawmaker invoked the Bill of Rights saying that an accused shall be presumed innocent unless proven otherwise.
He also explained that Sereno’s rights as an accused will be rendered nugatory if she will not be given the opportunity to cross-examine the witnesses through her counsels.
In the next hearing, the panel will determine if there’s probable cause to pursue the complaint and elevate it to the senate. This will happen only after one third of the House members in a plenary session voted to adopt the committee’s findings.
Sereno has been accused of corruption for allegedly using public funds to finance her lavish lifestyle; culpable violation of the constitution for failing to truthfully disclose her Statement of Assets Liabilities and Networth; and betrayal of public trust for urging the judges President Rodrigo Duterte tagged in illegal drug activities not to surrender to police without an arrest warrant.