Aquino, Sereno face graft raps over missing SALNs
MANILA — Suspended lawyer Eligio Mallari yesterday filed graft raps against former president Benigno Aquino III, Chief Justice Maria Lourdes Sereno and two others over the appointment of Sereno despite missing Statements of Assets, Liabilities and Net Worth filed in 2012.
Mallari, with his legal counsel Manuelito Luna of the Volunteers against Crime and Corruption, filed a 12-page complaint before the Office of the Ombudsman.
Mallari said that Aquino, Sereno, Judicial and Bar Council Executive Director Annaliza Capacite and JBC chief of the Office of Selection and Nomination Richard Pascual should be indicted for violating Section 3(e) of the Anti-Graft and Corrupt Practices Act.
He said that the four respondents "caused undue injury" to other justices vying for the chief justice position in 2012 "by giving unwarranted benefits, advantage or preference to Sereno through manifest partiality, evident bad faith and gross inexcusable negligence."
The complainant cited the impeachment proceedings at the House of Representatives where it was learned that Sereno submitted only three SALNs when she applied for the chief justice position in 2012.
Associate Justices Teresita Leonardo-De Castro and Diosdado Peralta, who sat as resource speakers, cried "grave injustice" was done to them when Sereno was included on the council's list of candidates.
"Lowering the threshold without JBC en banc authority to avert Sereno's disqualification, evidence their giving of unwarranted benefits, advantage or preference to Sereno," the complaint read.
Mallari also said that Aquino caused "undue injury" to the other justices "not only for turning a blind eye on then-Justice Sereno's noncompliance with the JBC's 10-year SALN requirement but also for disregarding her dismal psychiatric examination result of 4."
The JBC during the House deliberation clarified that there is no passing or failing score on the said test.
The House justice panel is set to resume its deliberation on whether Larry Gadon's complaint has probable cause to impeach Sereno on Tuesday, February 27. The panel will discuss Sereno's psychiatric examination results.
Last week, Mallari and Luna also urged the Office of the Solicitor General to initiate a quo warranto proceeding to challenge the legality of Sereno's appointment.
The camp of Sereno, meanwhile, asserted that Sereno might only be removed from position through impeachment.
The SC has suspended Mallari for using "dilatory tactics" in the Government Service and Insurance System's execution of writ of possession over his forfeited parcels of land.