Impeachment complaint filed vs. CJ Sereno

The Volunteers Against Crime and Corruption (VACC) and the Vanguard of the Philippine Constitution Inc (VPCI) on Wednesday filed an impeachment complaint against Chief Justice Maria Lourdes Sereno before the House of Representatives.

"We are going to file an impeachment case against the chief justice of the Supreme Court Maria Lourdes Sereno on five grounds, dahil sa betrayal of public trust and culpable violation of the Supreme Court," VACC founding chairman Dante Jimenez said in an ambush interview right before lodging the complaint.

Filing the complaint along with Jimenez was Atty. Eligio Mallari, president of the VPCI.

In their 16-page complaint, the groups argued that Sereno culpably violated the Constitution for issuing an administrative order creating the new Judiciary Decentralized Office (JDO) and re-opening the Regional Court Administration Office (RCAO) in Central Visayas in the absence of an authority from the Court en banc.

"Article VIII, Section 6 of the 1987 Constitution vests administrative supervision over all courts and the personnel thereof in the Supreme Court, and not in the Office of the Chief Justice," the complaint read.

"Neither can the Chief Justice deprive the Court of its constitutional duty to exercise administrative supervision over all courts and their personnel and the Office of the Court Administrator (OCA) of its statutory duty under Presidential Decree 828 to assist the Supreme Court in the exercise of said power of administrative supervision," it added.

According to the complainants, Sereno, likewise, committed culpable violation of the Constitution for violating the provision that appointive government officials will not hold another public post unless provided for by law, in appointing Atty. Solomon Lumba as her staff head.

Citing Article IX-B, Section 7 of the Constitution, the groups said appointive officials may not hold any other office in the government, "to remedy the problem of appointive officials holding multiple positions which prevent them from devoting full time to their principal functions and result in double or multiple compensation."

The groups said that when Atty. Lumba was appointed, he was a tenured faculty member of the UP College of Law.

Aside from this, the groups claimed that Sereno culpably violated the Constitution for appointing Atty. Brenda Jay Mendoza as chief of the Philippine Mediation Center Office by mere memorandum which was not referred to the Court en banc for its consideration.

"Chief Justice Sereno is not the Supreme Court and, in arrogating unto herself the power to appoint the officials and personnel of the Judiciary, in the case of Atty. Mendoza, she culpably violated the Constitution," the complaint read.

Sereno also granted to members of her staff travel allowances for foreign travel charged to the Supreme Court funds without Court en banc approval, the groups claimed.

In her memorandum, which the groups cited in their complaint, Justice Teresita Leonardo de Castro noted "the frequent foreign travels" of Atty. Maria Lourdes Oliveros, Sereno's staff, "purportedly with funding support for 'airfare, accommodation and other related travel expenses' from the host or organizers of the travel as approved by the Chief Justice and two Division chairpersons."

"The Court has not delegated its power to approve authority to travel abroad on 'official business' of court officials and personnel which entitles them to their salaries, per diems and allowances as distinguished from 'official time,' which entitles those concerned only to their salaries for the duration of the authorized travel abroad," the complaint read.

"Again, respondent has arrogated unto herself the power of the Court en banc to approve such authority to travel abroad. This is another culpable violation of the Constitution," it added.

Finally, the groups alleged that Sereno betrayed public trust through inexcusable negligence, for sitting on applications for the posts of Supreme Court deputy clerk of court and chief attorney which have been vacant for three years and eight months and the two positions for assistant court administrator which have been vacant for four years and six months.

Reached for comment, SC spokesman Theodore Te said Sereno would have to read the complaint first. He said they would let the media know if there is a statement to be issued.

Another impeachment complaint is expected to be filed within the day by lawyer Lorenzo "Larry" Gadon over Sereno's alleged anomalous purchase of a luxury vehicle and undeclared earnings from her stint as part of the government's legal team in the expropriation case against the Philippine International Air Terminals Co. Inc. (Piatco).

No endorser

Even though the VACC and the VPCI were able to file the complaint, no congressman has so far endorsed it.

Rule II, Section 2(b) of the Rules of Procedure in Impeachment Proceedings states that "[i]mpeachment shall be initiated by the filing and subsequent referral to the Committee on Justice of a verified complaint filed by any citizen upon a resolution of endorsement by any [House] Member thereof."

But Jimenez seems unfazed by the lack of endorser for their complaint.

"Is this not enough for us to take courage against the Chief Justice? Kami po sa VACC, matagal naming sinisigaw sa inyo, rotten, mabagal at corrupt ang ating judicial system. Now what do you want us to do?" he told reporters when asked about who will endorse their complaint.

"Whether they don't endorse it or not, I don't care. But look at the merits, pwede po ba?" he added.

Mallari, however, is convinced that their complaint is "sufficient in form and substance" and followed the requirements set by the Constitution.

"So we expect an endorsement of a minimum of one-third of the members of the House so that the impeachment proceedings will course through," he said.

This was the first impeachment complaint filed against Sereno.

It can be recalled that her predecessor, Chief Justice Renato Corona, was also impeached for failing to disclose several properties in his Statement of Assets, Liabilities and Net Worth. — with Virgil Lopez/NB/MDM, GMA News