‘Impeach Sereno’
In a vote of 38-2, the House of Representatives Committee on Justice declared on Thursday that it has found probable cause to impeach Chief Justice Maria Lourdes Sereno.
After 15 hearings that spanned months, the justice panel yesterday voted that Sereno should be impeached from her position as chief justice.
The hearings emanated from a complaint filed by lawyer Larry Gadon, a known supporter of President Rodrigo Duterte.
Gadon’s complaint was endorsed by 25 congressmen. On October 5 last year, the House Committee on Justice voted 25-2 and found sufficient ground to impeach Sereno.
In his verified complaint, Gadon cited 27 “impeachable acts” committed by Sereno. He accused the chief justice of corruption, culpable violation of Constitution, betrayal of public trust and committing high crimes.
In his opening statement, House Justice Committee chairman Reynaldo Umali said the hearing on Thursday marked a milestone in the impeachment process as the justice panel was able to conduct a full proceeding: from filing to referral until the determination and vote of probable cause.
“The committee has faithfully performed its constitutional mandate to exclusively initiate all impeachment proceedings,” Umali said.
He added that the panel has repeatedly extended invites to Sereno to refute or controvert the allegations against her but she “chose to air her side in another forum.”
The camp of Sereno, led by her spokesperson Jojo Lacanilao, has not been remiss in issuing statements on issues discussed during hearings. The panel, however, said her media statements have no bearing on the impeachment proceedings.
Umali also said: “We cannot go to the trial with a weak case nor without strong or convincing evidence. A heavy burden rests on impeachment prosecutors.”
“Throughout the probable cause hearings, this committee has gathered sufficient evidence to provide us with the ammunition to prosecute this case towards victory,” Umali said.
He added: “The remedy of impeachment was given to us by our constitution to ease the nation of underserving officials.”
AGAINST THE TIDE
During the voting yesterday, Representative Jose Christopher “Kit” Belmonte of the 6th District of Quezon City and Representative Kaka Bag-ao of Dinagat Islands remained seated while 38 members of the committee voted in favor of finding probable cause in the impeachment charges.
In a memorandum issued Thursday, Belmonte and Bag-ao said the documents and witness testimonies presented during hearings were not enough to charge the Chief Justice.
“While there is great amount of information, rightfully or not rightfully shared, these were not material to charges against respondent,” the memo read.
The two lawmakers also argued that the “Batas ng Samahan” revealed to the House justice committee does not constitute any impeachable offense.
It only showed that members of the Supreme Court had a difficult time getting along with Sereno, Belmonte and Bag-ao said.
“The testimonies given during the hearings were revealing, but for everything that has been exposed so far against the respondent, not one of these would fall under the definition of an impeachable offense,” the lawmakers said.
Belmonte and Bag-ao also noted that allowing the introduction of new charges against Sereno without giving her an opportunity to any explanation violates her substantial rights to due process.
It also violates Article XI, Section 3(5) of the 1987 Constitution which states “no impeachment proceedings shall be initiated against the same official more than once within a period of one year.”
“To summarize, the determination of probable cause by the Justice Committee is not purely a political act that may be accomplished according to the wisdom and pleasure of its members. It is, as the members of the Justice Committee admitted, akin to a preliminary investigation, which requires the exercise of prudent judgment based solely on credible evidence,” they said.
NEXT STEPS
Aside from the impeachment complaint, Sereno is also facing a petition for quo warranto proceeding at the Supreme Court.
Solicitor General Jose Calida urged the high court to declare Sereno's chief justice appointment in 2012 illegal and oust her.
Sereno has been on an indefinite leave since March 1, after 13 justices reached a “consensus” on February 27 for her to go on leave.
Despite repeated calls for her resignation, an unfazed Sereno vowed that she will not step down from her position.
Umali said the panel would once again meet on March 14 to draft the committee report that will be forwarded to the plenary for the floor deliberation.
The House panel will put the findings in a committee report. Members of the House of Representatives will vote in plenary on whether to approve or reject the justice committee's report.
If at least a third of the members of the House — 98 of 292 members — vote to approve the report, it will constitute the articles of impeachment, which effectively impeaches the chief justice.
The articles of impeachment will then be forwarded to the Senate that will sit as impeachment court.