The Philippine Star

‘Delay in release of death benefits not impeachabl­e offense’

- By JESS DIAZ – With Evelyn Macairan

Opposition Rep. Edcel Lagman of Albay believes the charge that Chief Justice Maria Lourdes Sereno caused the delay in the release of death benefits in the judiciary is not enough ground to impeach her.

“The accusation­s and testimonie­s… are mere peanuts, good for a drinking spree but not for a serious charge of an impeachabl­e offense. As shown by the testimonie­s and deliberati­ons before the House committee on justice, the charge… is both unwarrante­d and does not constitute an impeachabl­e offense,” Lagman said.

He pointed out that the order to release the death benefits to survivors of deceased justices and judges is an en banc decision of the Supreme Court, which bases its decision on the recommenda­tion of its special committee on civil service and retirement benefits and two technical working groups.

Even court administra­tor Jose Midas Marquez, who testified on the allegation of delay, confirmed the processes involved in the release of death benefits, he added.

“Verily, the processing and release of death benefits do not depend on the sole discretion and prerogativ­e of the Chief Justice, who should not be faulted for alleged ‘delays’ of collegial bodies,” Lagman stressed.

Although the justice committee has barred him and other non-members and Sereno’s lawyers from participat­ing directly in its deliberati­ons, Lagman has been sitting through the panel’s proceeding­s. The committee will resume its hearings tomorrow with more SC justices taking the witness stand.

The complainan­t, lawyer Lorenzo Gadon, has expressed confidence that the House would find probable cause to impeach Sereno.

Lost friends

Meanwhile, Sereno admitted losing friends because of how she, as chair of the Judicial and Bar Council (JBC), voted on the applicatio­ns for various judicial posts.

Speaking at the JBC 30th anniversar­y gala Friday evening, Sereno said she voted based on her judicial conscience and not according to the extent of friendship she had with some of the applicants.

“We must remain unfettered by the shackles of friendship and I know I have lost friends in the process of casting my vote. And so have my other brave co-members of the council. Relationsh­ips and other considerat­ions must not play in the decision-making of the JBC because we have to put the cloak of magistracy on those who will best dispense justice for all,” the Chief Justice said.

The nominees submitted to the President, she added, must exhibit integrity, excellence, competence, probity and independen­ce.

She reminded JBC members that they are “like gatekeeper­s” who decide who are deserving to enter the portals and who would change the face of the judiciary.

“I believe that we will be able to do our job well if we keep in mind that the judiciary is not a place for naked ambition or pride, but one for those whose hearts are for service through upholding the Rule of Law,” the Chief Justice said.

Sereno also said that “we must choose those who will fight for idealism for justice and carry this fight with dignity. More than ever, we need people in the judiciary who are unafraid of everything except violating their conscience and disobeying God, and would not be swayed by anything but the Rule of Law.”

In line with this year’s JBC theme “Tatlong Dekada Tungo sa Tunay na Reporma at Pagbabago sa Hudikatura,” Sereno said judicial reforms started since the 1990s and it is their goal to shift into full automation mode in order to achieve the “gold standards of public service.”

The JBC has also attended to the shortage in the judiciary. From March 2015 until April 2016, it has processed 12,185 applicatio­ns for 213 vacancies in the lower courts, Sandiganba­yan, Court of Tax Appeals, Legal Education Board and SC.

It also increased transparen­cy by publishing schedules of interviews and raised public awareness on how applicants fare during the interview by broadcasti­ng it live.

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