Sereno lawyer: House should just send impeachment case to Senate

MANILA, Philippines — The House of Representatives Committee on Justice should just elevate the impeachment complaint against Chief Justice Sereno to the Senate since the continuing proceeding has been rendered futile, the camp of Sereno said on Monday.

On Sunday, Rep. Reynaldo Umali (Oriental Mindoro) said that House Speaker Pantaleon Alvarez, who wants Sereno impeached, has the backing of the supermajority. Umali was quoted in a radio interview as saying "the writing is already on the wall," hinting that Sereno will be ousted.

In a statement, lawyer Josalee Deinla, one of the spokespersons of Sereno, said that Umali's statement "rendered the impeachment proceedings as futile."

Deinla added: "Why will the [chief justice] attend the hearing when Umali has said that it's a mere formality because Speaker Alvarez wanted her impeached and they will impeach her?"

Deinla said that the House Committee on Justice should just wrap up the proceedings and elevate it to the Senate, "where we are hoping there will be fair trial and the chief justice's rights as stated in the Constitution will be respected."

Probable cause

Last October, the House Committee on Justice voted 25-2 to find sufficient ground to impeach Sereno. The panel is now determining whether there is probable cause to forward the complaint filed by lawyer Larry Gadon to the Senate for trial.

The House panel will put the findings in a committee report. Members of the House of Representatives will vote in plenary on whether to approve or reject the justice committee's report.

If at least a third of the members of the House — 98 of 292 members — vote to approve the committee report, this will then constitute the Articles of Impeachment and the chief justice is impeached.

The Articles of Impeachment will then be forwarded to the Senate that will sit as impeachment court.

Sereno did not ignore the proceedings

Deinla also reiterated that despite Sereno's non-appearance at the House proceedings, the chief justice has accepted the panel's invitation to participate in the hearing.

He said it was the panel itself that moved to block her lawyers from cross-examining the resource persons who have testified.

Umali, in his opening statement on the resumption of the impeachment on Monday, said: "Respondent's refusal to participate in this impeachment proceedings will leave our members with no recourse to vote on the existence of probable cause considering that the charges will remain uncontroverted."

The lawmaker also hit Sereno for her non-appearance at the hearing despite the "continuing invitation" from the House panel. He also reminded her that her statements send to the media do not affect the ongoing proceeding.

But Deinla replied: "While the Chief Justice respected the process, the Committee did not follow its own rules and deprived her of her constitutional rights."

The House panel, which has taken to itself to calling the "impeachment committee," is on its 8th hearing to determine whether Gadon's complaint has probable cause to oust Sereno.

On Monday's proceeding, Associate Justice Diosdado Peralta, Lucas Bersamin and Samuel Martires appeared before the panel as resource speakers.

Related video: