The Philippine Star

What doesn’t kill her…

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Maybe they should have started with the other complaints, which might be meatier. So far, after a day of hearing the testimonie­s against Chief Justice Maria Lourdes Sereno, I was left with the impression that the grievances boiled down to sour grapes.

If the testimonie­s were accurate, Sereno brought her current woes upon herself, by ignoring Supreme Court rules (denied by her camp) and virtually putting Midas Marquez and the office of the court administra­tor in the freezer.

As for Supreme Court Associate Justice Teresita Leonardo-de Castro, she can be commended for stressing the need for strict adherence to SC rules by its members. If the Chief Justice herself ignores the rules (denied by her lawyers), it sets a bad example.

But is this ground for impeachmen­t? Siquijor Rep. Ramon Rocamora asked De Castro a question that was also on other people’s minds: how did she feel about a colleague many years her junior leapfroggi­ng past everyone and becoming the chief magistrate? De Castro said she did not let emotions rule her actions.

Boosting the impact of Rocamora’s question was the response of the super majority in the House of Representa­tives. They pounced instantly, reading Rocamora the rules on questionin­g resource persons and witnesses.

Among the rules: questions already answered should not be asked again. If this were followed, most of the congressme­n should be disqualifi­ed from grilling House guests. At this point I thought the exchange at the hearing had descended into silliness. I tuned out and switched back to FM radio, just in time to enjoy pop star Charlie Puth crooning about someone just wanting attention.

Rocamora was chastised, but he obtained the higher score in that exchange.

* * * This crisis in the SC has been percolatin­g for some time. Although the judiciary is supposed to be independen­t, presidents like to believe they can count on their appointees for support in case of legal problems. Many SC justices have disproved this belief, truly acting independen­tly even if it meant going against the wishes of the president who appointed them.

Still, it looks like the belief persists. In 2010, after the Commission on Elections announced the victory of Noynoy Aquino in the presidenti­al race, the incumbent, Gloria Macapagal-Arroyo, named her former Palace chief of staff Renato Corona as chief justice. The designatio­n, made during the election period, was challenged before the Supreme Court as a midnight appointmen­t by an outgoing president. But it was upheld by the SC, which was packed with Arroyo appointees.

A furious Noynoy Aquino denounced the appointmen­t even before he formally assumed the presidency. He and the judiciary got off to a wrong start; throughout his term, he constantly harped against “judicial overreach.”

Eighteen months into the Aquino administra­tion, Corona was impeached. Five months later, he was convicted by the Senate impeachmen­t court, in a 20-3 vote, and removed from office.

A month earlier, another Arroyo appointee, Merceditas Gutierrez, resigned as ombudsman, 10 days before the start of her Senate impeachmen­t trial.

Unhappy with the GMA appointees in the SC, Aquino named his first appointee to the high tribunal to replace Corona. Never mind if Sereno was the most junior member of the court, and the youngest at the time.

But several of those who were bypassed minded the appointmen­t – and they initially showed it, boycotting the flag ceremonies wherein the Chief Justice presided. SC justices are only human; such appointmen­ts inevitably create simmering resentment. Sereno’s appointmen­t embodied the disdain that Aquino openly showed toward the judiciary, and especially the Supreme Court.

Aquino did go through the motions of sitting down for a talk with the most senior member of the SC, Justice Antonio Carpio, who was bypassed by Arroyo in favor of Corona.

Carpio later told me that the chat was mainly to inform him that he could not be appointed as chief justice because he had made too many enemies particular­ly in big business, who were affected by economic liberaliza­tion policies he had supported.

* * * With bad blood shown by her peers from Day One, Sereno might have decided that she could accomplish things faster if she bypassed certain rules. For sure, she’s not the only head of an independen­t branch of government that has done this.

Midas Marquez, who served as spokesman for Corona, was rarely heard from again. Daang matuwid had a low opinion of him.

Also perceived to be driving impeachmen­t efforts against Sereno is the thought that she will be in office for two decades. If the administra­tion and its congressio­nal allies can go after the ombudsman, who is set to retire in mid-2018, how much more Sereno?

As of yesterday, the Chief Justice remained in fighting form, promising to never give up and quit, as suggested by congressme­n.

But with the super majority in charge, Sereno looks headed for impeachmen­t. If she refuses to be spooked and to step down like former elections chief Andy Bautista, we will have an impeachmen­t trial at the start of 2018.

Such a trial will require more than breaking internal SC rules to convict and kick out the nation’s chief magistrate.

If Sereno survives the trial, she will emerge stronger – and a potential threat to administra­tion forces that moved to bring her down.

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