SC justice's letter hints possibility of testifying

MANILA, Philippines - A party-list congressman who signed the impeachment complaint against Chief Justice Renato Corona said he feels "betrayed" by Iloilo Rep. Niel Tupas Jr. for declaring that the prosecution panel is no longer seeking Supreme Court Associate Justice Maria Lourdes Sereno's testimony at the impeachment court.

"We felt betrayed. We are very disappointed. We don't know if Congressman Tupas was so rattled that he forgot that there was an agreement or did someone told him to drop it?" Bayan Muna Rep. Teodoro Casiño said in a radio interview.

Casiño said that if only Tupas patiently waited, there is a strong possibility that Sereno will accept the prosecution's invitation for her to testify before the impeachment court despite a recent ruling by the SC, barring its members from participating in the ongoing trial of its chief, Corona.

The congressman said that the prosecution had an agreement to drop some articles of the impeachment complaints, but would ask the Senate impeachment court for a reservation for Articles 2 and 7.

Tupas told the court on Tuesday that the prosecution was officially testminating the presentation of evidence. Tupas made reservationfor the examination of Corona's dollar accounts in the Philippine Savings Bank, but did not make a reservation for the appearance of Sereno.

Colmenares sent a letter to Sereno last Tuesday, requesting the magistrate to testify before the Senate impeachment court on Article 7 of the impeachment complaint aginst Corona.

Sereno sent a reply yesterday. She told the prosecution that the invitaion has become moot since they have already terminated the presentation of their evidence.

“I understand, however, that the termination of the presentation of evidence by the prosecution panel yesterday and reiterated today before the impeachment court has superseded your invitation,” read Sereno’s one-page letter to Bayan Muna Rep. Neri Colmenares, who invited her on behalf of the panel.

Colmenares said he was disappointed with the decision of lead prosecutor Rep. Niel Tupas Jr. of Iloilo to rest the case against Corona without making reservation for the appearance of Sereno.

He said the best recourse is for the Senate impeachment court to subpoena Sereno to compel her to testify.

Colmenares however said the move to request the Senate to issue a subpoena would still be discussed within the prosecution panel.

The congressman said that there seems to be a hint in Sereno's letter that she was willing to testify.

“If you read her (Sereno) letter, it was not a categorical rejection of our invitation. She did not say: ‘no, I will not testify’. She was just saying that the prosecution has closed its presentation of evidence,” he said.

Sereno, an appointee of President Benigno Aquino III, even "thanked" the prosecution for asking her to testify in the impeachment trial of Corona.

The prosecution wanted Sereno to testify on Article 7 of the impeachment complaint, which charges Corona with alleged partiality for Arroyo in the SC’s issuance of its controversial November 15 temporary restraining order that would have allowed Arroyo and her husband to leave the country.

Sereno dissented from the majority vote for the grant of the TRO in favor of the Arroyos, claiming there were irregularities in the issuance of the order.

Based on Sereno’s dissenting opinion, Justice Secretary Leila de Lima has told the impeachment court that Corona made it appear that the Nov. 15 TRO was immediately effective even without the Arroyos complying with its three conditions.

De Lima said in effect, Corona helped Arroyo and her husband in their attempt to leave the country and escape prosecution.