The House Committee on Justice on Wednesday found one of the impeachment complaints filed against Supreme Court Chief Justice Maria Lourdes A. Sereno as sufficient both in form and substance.
In a committee hearing on Wednesday, a total of 30 lawmakers voted that the complaint filed by lawyer Larry Gadon was sufficient in form, while only four congressmen voted against it.
Furthermore, about 30 congressmen stood in favor of the motion finding the complaint sufficient in substance, while four other lawmakers rejected the motion.
‘Hearsay’
Reacting to the lawmakers’ vote, Sereno’s camp insisted that the impeachment complaints filed against her should be junked for being based merely on hearsay and for of lack of evidence.
In a news statement, Sereno’s spokesman, Carlo Cruz, said the impeachment complaints are “designed to maximize the political spectacle, with the goal of eroding her credibility through innuendo and malicious allegations”.
“This is detrimental to the independence of the judiciary upon whom all citizens rely to defend their rights and to check any abuse,” Cruz added.
Democratic process
House Justice Committee Chairman Rep. Reynaldo V. Umali said the impeachment proceedings were political in nature and the standard of individual appreciation of each committee member in determining if the complaint’s sufficiency in substance was followed.
“The impeachment process is a democratic one, and the will of the majority shall always prevail,” he added.
“Impeachment is the most formidable weapon in the arsenal of democracy. We will not hesitate to wield this weapon if our democratic institutions are in danger,” Umali said.
In determining sufficiency in form, the complaint filed by a citizen must be endorsed by an incumbent congressman and must also be verified. The aspect of verification requires that the complainant has personal knowledge or that the allegations made are supported by authenticated documents.
The requirement of substance, on the other hand, is met if there is a recital of facts constituting of the offenses charged and determinative of the jurisdiction of the committee.
Awaiting transmission
However, Party-list Rep. Carlos Isagani T. Zarate of Bayan Muna noted that the complaint by Gadon was insufficient in form, as the allegations made were based on news reports, which could be deduced as pure hearsay.
Rep. Kaka J. Bag-ao of Dinagat Islands supported Zarate’s remark, adding that secondary sources will not constitute personal knowledge and are, therefore, considered hearsay.
Gadon’s complaint alleged that Sereno committed a culpable violation of the Constitution when she failed to truthfully disclose her Statement of Assets, Liabilities and Net Worth.
Sereno’s spokesman said the Chief Justice would address all the issues raised against her in the impeachment complaints in the answer that she would be filing.
“The Office of the Chief Justice awaits the transmission of the complaints through official channels. She will avail herself of appropriate legal remedies, with the hope that the mechanisms of our democratic system will afford her a fair, transparent and just opportunity to be heard,” the statement read.
He noted many of the allegations in the complaints are unsupported by evidence or rely mainly on hearsay consisting of newspaper clippings.
“We maintain that, contrary to the findings of the House Committee on Justice, none of the allegations in the complaints is true. For this reason, we respectfully submit that the complaints cannot be considered sufficient in both form and substance. None of the allegations rises to an impeachable offense,” Cruz said.
The lawyer also noted the apparent double standard that lawmakers applied in Sereno’s case compared to similar previous proceedings.
“We further understand that the determinations of the House Committee appear to be inconsistent with its findings and actions in similar proceedings in the past,” he added.
He said this concern would also be raised in Sereno’s reply to the complaints.
“We remain hopeful that our Congress will decide based on the merits of the case and affirm their commitment to our democracy over partisan or parochial interests. In the meantime, the Chief Justice continues to discharge her duties with fairness, integrity and humility,” Cruz said.
Junked
Meanwhile, the House Committee on Justice dismissed the impeachment complaint filed by the Volunteers Against Crime and Corruption (VACC) against Sereno.
About 28 lawmakers found the complaint insufficient in form, while only five congressmen deemed it sufficient. The complaint was filed by VACC President Dante Jimenez, together with Vanguard of the Philippine Constitution President Eligio Mallari.
“The complaint is deemed insufficient in form and, therefore, dismissed for the same reason,” Umali said.
At least 16 lawmakers, including two deputy speakers, have endorsed the VACC impeachment complaint.
The complainants sought the removal of Sereno on the grounds of culpable violation of the Constitution and betrayal of public trust.
Based on the rules, the House Committee on Justice has to decide first if the impeachment complaint against Sereno and Bautista is sufficient in form and substance before endorsing it to the plenary.
If the committee finds by a vote of the majority of all its members that a probable cause exists on the basis of the evidence adduced before the Committee, it shall submit with its report a resolution setting forth the Articles of Impeachment. Otherwise, the complaint shall be dismissed.
Also, under the rule, a vote of at least one-third of all the members of the House is necessary for the approval of the resolution setting forth the Articles of Impeachment. If the resolution is approved by the required vote, it shall then be endorsed to the Senate.