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House panel OKs impeach, 33-1

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SERENO FACES 6 COMPLAINTS

The House justice committee, as expected, voted 33-1 yesterday to find probable cause to pursue its impeachment case against Chief Justice Maria Lourdes Sereno and elevate it to the Senate for trial after affirmaive plenary votes are met.
Only Quezon City Rep. Christopher “Kit” Belmonte stood his ground to oppose the motion of Leyte Rep. Vicente “Ching” Veloso to approve the 45-page committee report and the 56-page Articles of Impeachment against Sereno.
Both the report and the Articles of Impeachment go to the House of Representatives plenary for voting.
The Articles of Impeachment detail the charges against her that would be elevated to the Senate for trial.
Out of the 27 allegations of Atty. Larry Gadon, impeachment complainant, 24 were included and grouped under the Articles of Impeachment for alleged betrayal of public trust, corruption, other high crimes and culpable violation of the Constitution.
Among the three that were not included was Gadon’s allegation that Sereno meddled in the cases of Senator Leila de Lima.
“We have made history here in defining the impeachment process in the HoR (House of Representatives),” said committee chairman Rep. Reynaldo Umali.
Umali said the six articles of impeachment that the committee has prepared “will be the foundation in prosecuting this impeachment case before the Senate, as an impeachment court.”
The first article of impeachment charges Sereno for culpable violation of the constitution and betrayal of public trust for non-filing and non-disclosure of her Sworn Statement of Assets, Liabilities and Net Worth (SALN).
Sereno, according to the committee, misled the Judicial and Bar Council in 2010 when she claimed it is not possible to retrieve her SALNs from 1996 to 2006. She is also accused of failing to declare in her SALN 2.24 hectares of land in Mariveles, Bataan, registered under her and her husband’s name, worth around P44 million. Impeachment for alleged betrayal of public trust, corruption, other high crimes and culpable violation of the Constitution.

Among the three that were not included was Gadon’s allegation that Sereno meddled in the cases of Sen. Leila de Lima.
“We have made history here in defining the impeachment process in the HoR (House of Representatives),” said committee chairman Rep. Reynaldo Umali.
Umali said the six articles of impeachment that the committee has prepared “will be the foundation in prosecuting this impeachment case before the Senate, as an impeachment court.”
The first article of impeachment charges Sereno for culpable violation of the constitution and betrayal of public trust for non-filing and non-disclosure of her Sworn Statement of Assets, Liabilities and Net Worth (SALN).
Sereno, according to the committee, misled the Judicial and Bar Council in 2010 when she claimed it is not possible to retrieve her SALNs from 1996 to 2006. She is also accused of failing to declare in her SALN 2.24 hectares of land in Mariveles, Bataan, registered under her and her husband’s name, worth around P44 million.
Likewise, the panel said Sereno failed to declare in her 2006 and 2009 SALNs the amount of P13.8 million which is part of the more than P32 million she earned from the Philippine International Air Terminals Co. (Piatco) cases. Moreover, the committee said Sereno failed to file her SALN 17 times: for 1987 to 1997, for 1999 to 2001, and 2003 to 2005.
The committee also charged Sereno for tax fraud.
In the second article, Sereno was charged for corruption and betrayal of public trust for misusing a total of P18 million in public funds in the purchase of a brand-new Toyota Land Cruiser, hiring of IT (information technology) consultant for a fee of over P11 million, and using Shangrila Boracay for the meeting of Association of Southeast Asian Nations (Asean) chief justices.
Under the third article, Sereno was accused of arrogating the collegial power of the Supreme Court en banc by issuing resolutions and order without the approval of the body, or contrary to what was agreed by the en banc.
In the fourth article, Sereno was charged for deliberately and maliciously abusing her position as Chief Justice and ex officio chairman of the Judicial and Bar Council (JBC) through efforts to exclude then Solicitor General Francis Jardeleza from the short list of nominees to the vacant SC post, among others.
The fifth article accuses Sereno of deliberately undermining and violating the principle of separation of powers among the three branches of government when, among others, she interfered in the investigation of the House on the misuse of tobacco excise tax funds by the Ilocos Norte government by asking Court of Appeals (CA) justices to challenge the House order by elevating the issue before the SC.
Lastly, the panel charged Sereno for betrayal of public trust by wilfully and deliberately failing to comply with her oath of office and by tyrannical abuse of her discretionary powers.
Judiciary divided
Umali also noted that based on the expert opinion of Dr. Geraldine Tria, who reviewed Sereno’s psychiatric evaluation, that she displayed the following 5 out of 9 symptoms of mental disturbance: interpersonally exploitative; preoccupied with fantasies of unlimited success, power and brilliance; lacks empathy; has sense of entitlement, and a grandiose sense of self-importance.
Umali noted that the judiciary is divided, noting the unprecedented move of the SC en banc to force Sereno to go on an indefinite leave.
“The situation of our Supreme Court today and the judiciary is turning from bad to worse,” Umali said, pointing out that several organizations within the judiciary have joined the demand for Sereno’s resignation.
“This clearly shows the divided judiciary that would only escalate if the leadership in the third branch of government continues to be dysfunctional,” Umali said.
The approved committee report and the accompanying Articles of Impeachment will be sent to the Committee on Rules which will then decide, within 10 session days, when to calendar the matter for plenary deliberation.
Once in the matter is in the plenary, the House has 60 session days to finally vote on whether or not to send Sereno’s impeachment to the Senate for trial.
Strong evidence cited
Deputy Speaker and Batangas Rep. Raneo Abu said “Sereno should answer all these Articles of Impeachment after ignoring the committee.”
“The committee report and the Articles of Impeachment are products of serious scrutiny of all the allegations presented against her,” said Abu.
Umali said they based their report from the substantive evidence presented during the well-comprehensive hearings conducted by the committee.
“These six articles are anchored on strong evidence, documentary and testimonial that will stand trial,” said Umali.
“They are rooted from the findings of psychological and mental disorder of the Chief Justice by the two JBC (Judicial and Bar Council) psychologists and psychiatrist who examined the Chief Justice using the diagnostic and statistical manual of mental disorder,” Umali added.
But Belmonte rejected Abu and Umali’s statements, stressing there is no strong case against Sereno because all the allegations do not constitute an impeachable offense.
The camp of Sereno is pushing the House of Representatives to bring to a plenary vote the articles of impeachment and immediately transmit these to the Senate so the trial can begin to determine whether or not there is basis to remove her from office.
Lawyer Josa Deinla, one of Sereno’s spokesmen, said pro-impeachment lawmakers should expedite the process and prove their case before the Senate, which, together with the House, has the “exclusive authority to discipline all impeachable officers for any impeachable offense.”
Deinla said that for her part, the Chief Justice is now in the “advanced stage of preparation” for her looming impeachment trial in the Senate.
She said that all the allegations laid down in the articles of impeachment could be effectively countered by the Chief Justice and her legal team.
“The Chief Justice eagerly awaits the transmittal of the articles of impeachment to the Senate where she is ready to defend herself against the unfair, unjust and malicious allegations, which are the bases of the obviously biased impeachment proceedings conducted by the House Committee on Justice,” Deinla said.
According to Deinla, the articles of impeachment “consist of allegations that do not even constitute impeachable offenses.”
Deinla maintained that the Chief Justice has not done anything unconstitutional or impeachable to merit her removal from office.
The Chief Justice, she said, strongly believes that the truth is on her side.
No Palace hand
Malacañang said it will not intervene and is letting the constitutional process proceed.
“We’ll leave the matter of impeachment of CJ Sereno wholly to Congress because that is the constitutional function of the House of Representatives,” Presidential Spokesman Harry Roque said in a press briefing in Camarines Sur.


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