Respected opposition congressmen Akbayan Rep. Tom Villarin and Albay Rep. Edcel Lagman protest the impeachment complaint by Atty. Lorenzo Gadon against Chief Justice Ma. Lourdes Sereno. They argue it cannot be sufficient in form because it is based on newspaper clippings, the same argument used to dismiss the impeachment complaint by Rep. Gary Alejano against Pres. Rodrigo Duterte.
This is not quite right.
First, many of Gadon鈥檚 allegations are not even supported by news clippings鈥攖hese cite no basis at all. Some may be accompanied by documents from the Supreme Court (SC) or other bodies, but these are mostly general regulations and do not on face establish facts incriminating Sereno.
Second and more importantly, two of Gadon鈥檚 allegations that Sereno manipulated Judicial and Bar Council (JBC) proceedings are supported by actual SC decisions. To emphasize, Gadon did not present sworn affidavits by SC justices. Instead, he presented extremely serious accusations they wrote into actual SC decisions, which are a million times weightier because they are part of our laws.
Below is a summary of Gadon鈥檚 charges cross-referencing the evidence cited, to allow you to judge the complaint for yourself. The full complaints are available at www.facebook.com/OscarFranklinTan.
Tax/SALN evasion
Sereno earned US$745,000 from the government as legal fees for the PIATCO case. This amount was not reported in her SALN or to the Bureau of Internal Revenue. (Source: Ninez Cacho-Olivares opinion column in Daily Tribune)
Further, Sereno 鈥渦sed public funds to finance her extravagant and lavish lifestyle鈥� by having the SC purchase a 2017 Toyota Land Cruiser worth PHP5 million. She ordered its bullet-proofing but 鈥渨ithdrew when news of her impending impeachment broke out.鈥� (Source: none)
She travels with her 鈥渃oterie of security鈥� and two motorcycle escorts. She insists on flying herself, her security and 鈥渉er clique of relatively new hired lawyers鈥� on business class for domestic and international travel, and gives herself and her staff travel allowances from SC funds. (Source: none)
She stayed in the Presidential Villa of Shangri-la Boracay during a 2016 conference, allegedly worth PHP200,000 a night. She holds meetings in 5-star hotels and clubs. (Source: none)
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Blocking Jardeleza
As JBC Chair, Gadon accused, 鈥淪ereno persistently manipulates judicial appointments for personal and political reasons鈥� and 鈥渢ransformed the JBC into a mafia-like organization.鈥� A 2015 Manila Times article accused her of pushing her 鈥淯mbrella Boy鈥� as Sandiganbayan Justice and Gadon claims (with no source cited) she includes her 鈥渘eophyte lawyers鈥� in shortlists for Metro Manila regional trial court judges.
She accused now Justice Francis Jardeleza of lack of integrity, violating due process by not giving him a chance to respond to her allegations, and had him removed from the short list by invoking a rule requiring a unanimous JBC vote for allegations on integrity. (Source: SC decision)
Justice Arturo Brion wrote, in his concurring opinion in the SC decision Jardeleza v. Sereno (2014), that: 鈥淐J Sereno manipulated the JBC process to exclude Jardeleza as a nominee.鈥� Brion accused Sereno of 鈥渃haracter assassination in the guise of a Supplemental Coment鈥� and timed this comment at a stage of the case when Jardeleza would have no opportunity to refute it. (Source: Justice Brion鈥檚 opinion in SC decision)
Jardeleza publicly narrated his 鈥渘ear death experience鈥� with Sereno in his Commencement Address before the UP Law Class of 2015. (Source: Copy of speech)
Manipulating JBC
Further, Sereno arbitrarily had the JBC submit nominees for six Sandiganbayan Justice positions in 2015 in six groups or 鈥渃lusters.鈥� This forced the President to choose an appointee from the cluster for that vacancy, instead of allowing him to choose from all nominees submitted by the JBC. This allegedly favored nominees from Sereno鈥檚 staff, among others, by 鈥渃lustering鈥� them with weaker candidates.
The SC decision Aguinaldo v. Aquino (2016) invalidated this as 鈥渦tterly without legal basis and in contravention of the President鈥檚 appointing power鈥� and 鈥渁ppears to have been done arbitrarily.鈥� (Source: SC decision)
The Aguinaldo decision also criticized other rules changes: 鈥淭here appears to be a systematic move by the JBC, under Chief Justice Sereno, to arrogate to itself more power and influence than it is actually granted by the Constitution and this Court, and at the same time, to ease out the Court from any legitimate participation in the noination process for vacancies in the Judiciary, specifically in the Supreme Court.鈥� (Source: SC decision)
Further, Brion鈥檚 opinion in the Jardeleza decision accused Sereno of claiming 鈥渟everal Justices鈥� wanted to do away with other justices giving input on SC nominees to the JBC, but, 鈥淲hen subsequently confronted鈥� failed to name anyone.鈥� (Source: Justice Brion鈥檚 opinion in SC decision)
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Blocking de Lima arrest
Sereno had a SC official call the Muntinlupa judges handling de Lima鈥檚 2017 cases and order them not to issue warrants of arrest 鈥渃onsidering she is a senator.鈥� (Source: none)
Sereno ordered Court of Appeals Justices to 鈥渋gnore and defy,鈥� in Gadon鈥檚 terms, the House show cause order on the 鈥淚locos six.鈥� The case could have been elevated to the SC and other justices denied consenting to the order. (Source: Delon Porcalla, Edu Punay, Jess Diaz, Philippine Star)
Sereno gave a strongly worded speech against martial law and the Marcos regime at the 2017 Ateneo de Manila graduation, warning that the 鈥減ossibility of history repeating itself looms imminent.鈥� She then joined deliberations on and voted against martial law. 听(Source: Inquirer copy of speech)
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鈥楩alsifying鈥� orders
Sereno had the SC issue Resolution A.M. No. 12-11-9-SC (Nov. 9, 2012), which ratified her reviving the Regional Court Administration Office in Region 7. Justice Teresita Leonardo-De Castro later protested that a majority of justices had opposed this. (Source: Tetch Torres, Inquirer; Jomar Canlas, Manila Times)
Sereno 鈥渄eliberately tampered with and altered,鈥� and expanded the scope of, a draft temporary restraining order recommended by De Castro in 2013. This TRO was for the Coalition of Associations of Senior Citizens against the Commission on Elections. (Source: Manila Times)
Delayed pensions
Sereno 鈥渟helved鈥� pensions of retired justices and justices and surviving spouses. These include 30 petitions by spouses at least 80 years old, all pending for at least two years. (Source: none)
Sereno has left four senior SC staff positions vacant since 2013, allegedly waiting for her staff to qualify. She also appointed the Chief of the Philippine Mediation Center in 2016 without the SC鈥檚 authority. (Source: none)
Delayed Maute transfer
The justices informally agreed to transfer Maute cases to Taguig. Sereno preferred these be heard in Cagayan de Oro. She delayed the transfer by stating she was drafting the transfer resolution for Taguig. 鈥淎lthough dated June 27, 2017, the Resolution was only released on July 20, 2017, after news of her impending impeachment broke out.鈥� (Source: none)
Lack of bidding
Sereno hired a SC ICT consultant for PHP250,000 a month in 2013 without public bidding. (Source: none)
Falsifying CV
Sereno stated in her Personal Data Sheet for the SC that she was a 鈥淒eputy Commissioner鈥� of the Commission on Human Rights 鈥渨hen there is no such position.鈥� (Source: none)
She also stated she was 鈥渁 lecturer at the Hague Academy of International Law鈥� but this is false. (Source: Ninez Cacho-Olivares opinion column in Daily Tribune)
Full impeachment complaints
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