The camp of Supreme Court Chief Justice Ma. Lourdes Sereno sought yesterday the dismissal of the impeachment complaint filed against her “for lack of sufficient grounds and for lack of probable cause” even as it warned that impeaching her based on false and flimsy grounds, lawmakers would only usher instability and inflict injustice to the nation.

Sereno filed yesterday her 85-page verified answer to the impeachment complaint filed by lawyer Larry Gadon before the House Committee on Justice.

Sereno’s lead counsel, lawyer Alexander Poblador, said Gadon’s allegations in the complaint were “baseless” and “totally false.”

“All the charges alleged against the Chief Justice are intended to show that she is unfit for her office. This is totally outrageous because not only are the charges totally false, they ignore what the Chief Justice has achieved for the judiciary and for the country as Chief Justice,” he told reporters in a press conference.

Poblador said Gadon’s allegations in the complaint are based on “hearsay and newspaper clippings.”

“I’d like to say these were allegations that were not substantiated, and should be dismissed from the very start,” he said.

He said Sereno “will be fully represented” when the House panel, chaired by Oriental Mindoro Rep. Reynaldo Umali conducts a hearing for the determination of grounds and probable cause whether or not to impeach Sereno.

He said they are not discounting the fact that the Duterte administration had a hand in Sereno’s impeachment.

“The charges are not impeachable grounds, and let us not venture on possibilities outside the case itself. We appeal to the sense of political justice of the members of the House and we hope that they will decide on the merits of the case and not on dictates of political leaders, on political agenda,” Poblador said.

“Whatever political manueverings are happening, mananalo kami dito (we will win),” Lawyer Anacleto Rei “Jojo” Lacanilao III, one of Sereno’s spokespersons, said. “Chief Justice is convinced that this is based on fake news.”

He expressed hope that the lawmakers “will use their judgment and not follow political dictates” and will dutifully exercise their constitutional duties.

Poblador said they will welcome the testimonies of supposed six SC Associate Justices who expressed readiness to testify against Sereno.

“We will let them testify, I would welcome them, but allow us to cross examine them, we will be happy to cross examine them,” he said.

Sereno’s camp maintained that the Chief Justice did not commit culpable violation of the Constitution, did not betray public trust, and did not commit corruption.

They warned the House members against impeaching Sereno upon false and flimsy grounds, saying that it “will not only inflict injustice on her, but will also undermine the independence of the Judiciary and the fundamental principle of separation of powers to the detriment of the Republic.”

“They will usher instability and inflict injustice to the nation,” they said.

In the 85-page reply, Sereno answered point by point the allegations against her.

Poblador said the Chief Justice’s acquisition of a brand-new luxurious Toyota Land Cruiser 2017 model as her personal vehicle amounting to more than P5 million is “a non-issue and is not a ground for impeachment. “

“The acquisition of the Toyota Land Cruiser 2017 model was neither an illegal nor an extravagant use of public funds,” according to Sereno’s verified reply.

Poblador explained that as SC Chief Justice, she was already exempted from the prohibition against the acquisition and use of luxury vehicles by government officials as provided for by Department of Budget and Management (DBM) Administrative Order No. 233.

“The purchase of the Land Cruiser is to ensure her safety and security. It is an expressed exemption and legally allowed,” he said, citing that aside from the Chief Justice, the President, Vice President, Senate President, and House Speaker are entitled to such exemption.

He said Gadon’s claim that Sereno did not declare in her Statement of Assets, Liabilities and Net Worth (SALN) the “exorbitant lawyer’s fees” of $745,000 or about P37 million which she received from the Philippine government “is absolutely false.”

Poblador said Sereno’s legal fees for the PIATCO cases pegged at P30.30 million, and not P37 million, which she fully declared to the Bureau of Internal Revenue (BIR). Of this total amount, approximately P8.7 million was paid to the government as taxes.

“Her house and lot (Filinvest), modest vehicles, medical and funeral expenses for her late father, mother and father-in-law, as well as investments and shares of stock, are reflected in the Chief Justice’s SALN,” he said.

Lawyer Josalee Deinla, Sereno’s spokesperson, said the Chief Justice’s legal fees as private counsel in connection with the two international proceedings “were not exorbitant.” “Her hourly rate of US$80 was discounted. Her rate was merely a fraction of the hourly rate of her foreign counterparts who also represented the Republic in the PIATCO cases,” she said.

On Gadon’s allegation that Sereno hired an Information Technology consultant with an excessive compensation without public bidding, Poblador said the hiring of the ICT consultant, Helen Perez- Macasaet was done in accordance with the Government Procurement Reform Law and her compensation was not excessive.

Lacanilao said amid the allegations hurdled against her, Sereno will not relinquish her post and remain as the country’s Chief Justice.

“She will not resign, she will fight until the end. She will stay on. She will not abandon her constitutional duty, she is resilient,” he said. “She is not distracted nor baffled,” he said.

Lawyer Aldwin “Winnie” Salumbides said Sereno still remains a “picture of serenity.”

“She is composed, she radiates peace and strength amid the allegations. She looks serene, she is unfazed and unmoved. She knows in her conscience that she did not do anything wrong,” he said.

In the verified reply, Sereno’s camp said the Chief Justice did not get herself “billeted” in a Presidential Villa in Boracay during an international conference in Shangri-la Boracay and has not travelled on first class as SC Chief Justice. Sereno’s camp also maintained that Chief Justice does not bring “huge entourage of lawyers” during her foreign trips.

They also pointed out that the Chief Justice did not commit any “high crime” as alleged by Gadon.

“The Chief Justice never ordered any judge not to issue warrants of arrest against Senator Leila M. De Lima,” Sereno’s verified reply said.

It branded as “barefaced lie” Gadon’s allegation that Sereno instructed three Regional Trial Court Judges of Muntinlupa not to issue warrants of arrest against de Lima.

Sereno’s camp also said that the Chief Justice did not instruct the Presiding Justice and Associate Justices of the Court of Appeals not to comply with the processes of the House of Representatives in connection with the detention of six provincial officials of the Ilocos Norte over the province’s use of P66.45 million in tobacco excise taxes.

They also belied Gadon’s allegations that the Chief Justice sent a strongly-worded but misplaced reply to President Duterte on the judges linked to drugs thereby inviting a head-on collision between the presidency and the judiciary; and that she prevented the Court of Appeals justices from paying courtesy calls on the President.

Source:
courtesy of MANILA BULLETIN

by Charissa Luci-Atienza

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