Aquino, Sereno charged with graft over SALNs

FORMER PRESIDENT Benigno S.C. Aquino III and Chief Justice Maria Lourdes P.A. Sereno were charged with graft on Monday, Feb. 26, before the Ombudsman in connection with Ms. Sereno’s Statements of Assets, Liabilities, and Net Worth (SALNs) when she was being considered in 2012 for her current position.

Their accuser, suspended lawyer Eligio P. Mallari, cited as a basis for his complaint the House committee on justice’s Feb. 12 inquiry, according to news reports that Mr. Mallari also cited. The said inquiry focused, among other things, on the premise that Ms. Sereno’s incomplete SALNs voided her appointment as Chief Justice by Mr. Aquino on the watch of the Judicial and Bar Council (JBC).

Besides Mr. Aquino and Ms. Sereno, also charged with violation of Sec. 3(e) of Republic Act 3019 (the Anti- Graft and Corrupt Practices Act) were JBC executive director Annaliza Ty-Capacite and chief Richard Pascual of the JBC’s Office of Selection and Nomination.

Mr. Mallari argued that “respondents Capacite, Pascual, Sereno and Aquino III individually had caused undue injury to SC Justices Carpio, Velasco and Leonardo-De Castro and retired SC Justices Abad and Brion, all contenders for the Chief Justice post in 2012, by giving unwarranted benefits, advantage or preference to Sereno through manifest partiality, evident bad faith or gross inexcusable negligence....”

“By stating that Sereno had ‘substantially complied’ with the 10year SALN requirement — which is not so — and not baring to the JBC en banc that she only submitted one (1) sworn and two (2) unsworn SALNs out of 10 and that she unduly asked for exemption from such requirement, as borne out by the facts, Capacite and Pascual violated the law (sec. 3(e), R.A. 3019),” the complaint said in part, adding:

“Even without conspiring with Capacite and Pascual, Aquino III had violated sec. 3(e), R.A. 3019 just by causing undue injury to Carpio, Velasco, Leonardo- De Castro, Abad and Brion and the Government 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 (5 is lowest and 1 highest).”

“Sereno’s conspiracy with Capacite and Pascual may be inferred from the facts. She also acted in bad faith when she sought exemption from the 10year SALN requirement with the Executive Committee of the JBC though not entitled thereto — for not attempting to comply.”

Ms. Sereno’s spokespersons have earlier noted in a statement that, “The fact that the JBC shortlisted the Chief Justice means its members...found her documentary submissions complete and compliant with the rules.”

Apart from his complaint, Mr. Mallari just last week had asked the Office of the Solicitor- General to initiate “quo warranto proceedings” to determine the validity of Ms. Sereno’s appointment.

Interviewed by reporters on Monday, Mr. Aquino said: “Sila (JBC) ang nagsasabi sino ang nasa listahan. Sa dulo nun ang sinasabi nila ngayon kulang mga submission. Sila dapat sumagot nun, dahil kapag binigay sa akin ang listahan ibig sabihin qualified sila. So mahirap, mabibigay sa iyo itong listahan ng taong qualified, pagpili mo, nga pala hindi ’yan qualified. Ano ba talaga?” (They are the ones determining who’s on the list. Now they’re saying the submission [of SALNs] is incomplete. They should answer that, because once a list is given to me, it’s understood that the applicants are qualified. So it’s hard, they give you a list of the people who are qualified, and you choose, it turns out, someone who isn’t qualified. Which is which?) —