Lawyer with case vs. PNB accuses Sereno of inaction, ‘conspiracy’ with bank counsel

A lawyer entangled in a land dispute with the Philippine National Bank on Sunday alleged that Chief Justice Maria Lourdes Sereno conspired with the bank's lawyers to not act upon his case.

At a press conference in Quezon City, attorney Eligio Mallari accused the Supreme Court, under Sereno's leadership, of failing to act upon the two cases he filed against PNB and the Court of Appeals (CA).

Both cases, filed separately on September 4, 2012 and January 25, 2013, involve Mallari and his wife Marcelina's claim over two parcels of land in San Fernando City, Pampanga that the PNB has also claimed ownership over.

"Ito pong kaso na ito involving two lots... na for the past 37 years hanggang sa ngayon ay naka-pending pa ito as a judicial conspiracy," Mallari said.

"This is a conspiracy sapagkat ang mga taong involved dito ay government employees and non-government employees na nakipagsabwatan sa Korte Suprema at pinangungunahan pa ng mga abogado ng Philippine National Bank, si Attorney [Antonio] Elicano at ang kanyang OIC, legal counsel, Attorney [Manuel] Bahena, Jr.," he added.

Mallari said that he filed a petition before the Supreme Court on September 4, 2012 to mandate the CA not to act upon a special civil action filed by the PNB in connection with the two parcels of land.

He said the Supreme Court failed to act upon this petition, causing the CA Fifth Division to render a decision on December 5, 2012.

Mallari subsequently filed a petition for review on certiorari before the Supreme Court on January 25, 2013 to set aside the CA's decision.

Mallari said that on February 8, 2013, PNB lawyers Elicano and Bahena wrote to the Supreme Court, asking it to investigate an alleged attempt to influence the outcome of the case, being heard at the Regional Trial Court in Pampanga, in favor of Mallari.

"Nagpapatulong sila kay Chief Justice Sereno, pinakikita na malapit sila kay Chief Justice Sereno at mula noon, four years and eight months, hindi na gumalaw ang kaso," Mallari said.

Mallari argued that PNB has lost its claim over the land since 2008.

"Ginawa po nila ito dahil sa kanilang impluwensya sa kanilang kapangyarihan, maaari silang gumamit ng kwarta dito sa pagkuha ng aksyon na ito ng Korte Suprema," he said.

Mallari went on to urge Sereno, currently facing an impeachment complaint before the House of Representatives, to resign.

"Dine-denounce namin si Chief Justice Maria Lourdes Sereno na mag-resign na lang para hindi niya na maranasan ang rigors and humiliation of an impeachment proceeding in the Senate," he said.

"Mawawalan siya ng problema kung siya'y magre-resign na lamang," he added.

Lawyer Manuelito Luna, counsel for Mallari, further explained that Sereno had prejudiced against his client for not acting upon his cases and the PNB's letter.

"Yung kanilang allegations against Attorney Mallari are derogatory in character. Siniraan siya diyan. And yet, the Chief Justice did not even agenda the letter for discussion by the members of the Supreme Court either in the division or in en banc," Luna said.

"This is so unfair to Attorney Mallari. [He is] accused of certain illegal acts and yet he was not afforded the opportunity to even comment on the said allegations," he added.

Lawyer Josa Deinla, spokesperson for Sereno, decided not to comment on the issue yet.

"As he himself admitted, Atty. Mallari has pending cases, including disciplinary ones, with the Supreme Court. As such, we do not consider it appropriate to comment on these cases at this time," Deinla said in a text message to GMA News Online.

Luna said Mallari will provide lawyer Lorenzo Gadon with the details of his case to bolster the impeachment complaint Gadon filed against the Chief Justice.

The House justice panel is set to determine probable cause on Gadon's impeachment complaint against Sereno when it resumes session in November. — BM, GMA News