Allow cross-examination of witnesses, Sereno camp urges House panel

The camp of Chief Justice Maria Lourdes Sereno is urging the House Justice Committee to allow her lawyers to cross-examine the witnesses to be presented during her impeachment proceedings.

On Thursday, lawyer Anzen Dy, part of Sereno's legal team, filed a letter with the House panel to assert the Chief Justice's right to confront witnesses against her, in compliance with the provisions of the Constitution and the rules of impeachment of the House of Representatives.

CJ Sereno camp files letter before House Justice Committee to assert her right to cross-examine witnesses for impeach case. @gmanews pic.twitter.com/fdYnyli0HT

— Erwin Colcol (@erwincolcol) September 28, 2017

"Now, as the charges against her (Sereno) are deliberated upon, there are alarming indications that she will be denied the right to cross-examine those that will bear witness against her," lawyer Carlo Cruz, spokesperson for Sereno, said in a statement read by lawyer Josa Deinla.

"All the Chief Justice asks of Congress — a co-equal branch of government — is that the latter be fair and follow their own rules as the impeachment proceedings unfold. These rules clearly state the Chief Justice's right to cross-examine any witness that may be put on the stand. She asserts her right," he added.

Carlo Cruz, Sereno's spokesperson, in an interview posted online said, "We have the highest respect and highest admiration for all the members of the Supreme Court. I know some of them personally. My point is if they have something to say in these proceedings, by all means the nation should listen. By all means our friends in the House Committee, they should assess what they have to offer, if they have anything to offer."

"If they speak, the Chief Justice should be allowed to respond, that's all... respond in a way that is allowed. Essentially I think she will do it by cross-examination of counsel of honorable justices of the Supreme Court. We hope that the Committee would allow this," Cruz added.

In their four-page letter, Sereno's camp pointed out that the House rules on impeachment allow the complainant and the respondent the rights to examine and cross-examine, although subject to reasonable time limits.

"Unlike other rules of procedure for the determination of 'probable cause,' the House Rules do not prohibit the parties from examining and cross-examining witnesses," the letter read.

House panel chairman Reynaldo Umali also said in an earlier interview that it is Sereno's "constitutional right to confront the witnesses."

He added that the Chief Justice's "presence would give the opportunity to question or raise issue about certain or clarification of some alleged acts committed supposedly violative of the Constitution."

Sereno's lawyers, in the letter, asked Umali to confirm such statement.

"If he did make these statements, then he must agree that because the Chief Justice has the right to confront the witnesses in the hearings before the Committee on Justice, then she should be allowed to cross-examine those witnesses through her counsel," the letter read.

The lawyers said it would not be proper that the House panel members would conduct the cross-examinations themselves, as they are "judges or quasi-judges" tasked to determine probable cause, like the "investigating officer" in preliminary investigations.

"In sum, we humbly submit that under the House Rules, persons who would testify during the hearing would not be considered mere 'resource persons' who would be questioned solely by committee members," the letter read.

"Those persons would be full-fledged witnesses, who would be examined by a proponent, and cross-examined by an opponent," it added.

Lawyer Lorenzo "Larry" Gadon filed an impeachment complaint against Sereno, accusing her of culpable violation of the Constitution, corruption, other high crimes and betrayal of public trust.

The House justice panel found this complaint sufficient in form and substance, while dismissing the other complaint filed by Volunteers Against Crime and Corruption founding chairman Dante Jimenez and Vanguard of the Philippine Constitution Inc. president lawyer Eligio Mallari for insufficiency in form.

On Monday, Sereno's lawyers filed a reply to Gadon's complaint, urging the House panel to dismiss the impeachment complaint. — with Anna Felicia Bajo/RSJ/KVD/BAP, GMA News