By Minde Nyl R. Dela Cruz

CHIEF JUSTICE Maria Lourdes P.A. Sereno may have been given “special treatment” by the Judicial and Bar Council (JBC) when she applied for her current position in 2012, Deputy Speaker Gwendolyn F. Garcia said during the House justice committee’s continuation of the impeachment proceedings on Monday, Feb. 12.

“It is quite clear that there seems to have been a special treatment given to the submissions of Justice Sereno vis-a-vis other justices who had in fact complied with what was required,” Ms. Garcia said.

This comes after JBC executive director Annaliza Ty-Capacite confirmed that of the six sitting associate justices, five were able to submit the required 10 years of statements of assets, liabilities, and net worth (SALNs) when they applied for the position of chief justice.

The JBC requires such applicants to submit all previous SALNs, but this rule was relaxed to the substantial 10 years’ statements as agreed by the JBC en banc, JBC regular member Maria Milagros N. Fernan-Cayosa explained.

The four justices are Arturo D. Brion, who submitted 10 SALNs; Antonio T. Carpio, 14 SALNs; Teresita J. Leonardo-De Castro, 15 SALNs; and Presbitero J. Velasco Jr., 19 SALNs.

Former Associate Justice Roberto A. Abad, who only joined the Court in 2009 and was in government service from 1980 to 1986, cannot satisfy the 10 years’ SALN.

“He could not comply (with) the 10 years because he was not in government service for 10 years, as simple as that,” Associate Justice Diosdado M. Peralta noted, but added that Mr. Abad was able to supply these SALNs when he applied.

Ms. Sereno, meanwhile, was only able to submit three SALNs, for the years 2009, 2010, and 2011.

Ms. Capacite said Ms. Sereno made it to the shortlist after she submitted a letter, explaining she “could not locate” her previous SALNs. She said that an “attempt” to submit SALN was deemed “sufficient” by the JBC en banc, as defined by ex-officio member Senator Francis Joseph G. Escudero.

“It was defined by Senator Escudero that at least (there was) an attempt to comply (with) that particular requirement…an attempt. He said that with respect to requirements that can stand alone, there is no reason why they should not comply. But with respect to…all previous SALNs (being) required, an attempt to comply is sufficient, (this) is the parameter suggested….” Ms. Capacite said.

Mr. Peralta said he was not even aware of the existence of a letter by Ms. Sereno to that effect.

Deputy Majority Leader Juan Pablo Bondoc pointed that the late Chief Justice Renato Antonio C. Corona, Ms. Sereno’s predecessor, was impeached on the grounds that he failed to disclose his foreign deposits in his SALN.

“Bakit po kayo, minarapat po ninyo sa [JBC] en banc na isipin, pwede na kaya ’yung limang SALN? Eh si Chief Justice Corona nga ho nag-submit ng SALN, may kakulangan nga lang daw kaya siya natanggal (How did you come to the conclusion in the JBC en banc that five SALNs would suffice? Chief Justice Corona submitted his SALN, but there were lacking details which was why he was ousted),” Mr. Bondoc said.

“It is now very clear that of the six justices (who) had applied for the position of chief justice, five justices complied. Only one did not comply with the SALN requirement, and that is Justice Sereno, who, ultimately became the chief justice over and above the other five who had faithfully complied with the SALN requirement,” Ms. Garcia said.

Leyte Rep. Vicente S.E. Veloso, senior vice-chairperson of the justice committee, noted that based on Article 11, Section 2 of the 1987 Constitution, only five officials may be impeached, including the “President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman.”

Mr. Veloso noted that an impeachable official was “validly appointed” and thus argued that a person “who was illegally appointed” cannot be removed from office.

“So looking at what you have been saying here, it will now appear that the appointment of the chief justice was void from the very beginning. Because of her failure to comply with all the requirements as published,” Mr. Veloso said.

Ms. Sereno’s camp, meanwhile, maintained that she complied with the JBC requirement and noted that the chief justice was in private practice before she was appointed associate justice in 2010.

“The fact that the JBC shortlisted the Chief Justice means its members, including Associate Justice Diosdado Peralta who was then the acting chair, found her documentary submissions complete and compliant with the rules,” lawyer Jojo Lacanilao, one of Sereno’s spokespersons, said.

Mr. Lacanilao added that Mr. Peralta signed the endorsement letter containing Ms. Sereno’s name that was sent to the Malacañang.

“Mahirap pong sabihin na hindi niya (Mr. Peralta) alam na nangyari ’yun. Meron pong kasulatan na isinumite sa Malacañang at siya po ay nakapirma roon (It’s difficult to say that he doesn’t know this happened. There was a letter that was submitted to Malacañang and he was a signatory),” Mr. Lacanilao said.

This was the 15th hearing of the House of Representatives since October last year based on the impeachment complaint filed by lawyer Lorenzo G. Gadon.

Ms. Sereno is accused, among others, of corruption, culpable violation of the Constitution, betrayal of public trust, and other high crimes.

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