Sereno camp sees Senate trial after House barred grilling of witnesses

The camp of Chief Justice Maria Lourdes on Wednesday lamented the decision of the House of Representatives justice committee to deny her request for her lawyers to grill witnesses to be presented in the impeachment proceedings.

"The Committee decision to prohibit the lawyers of the Chief Justice from attending the hearing is tantamount to barring CJ Sereno herself, and belies their claim of an open and democratic process that honors the right to a fair trial," Sereno's lawyers said in a statement.

Lawyer Josa Deinla, one of the chief magistrate's spokespersons, also had this to say: “This is a sad day for justice in this country that the Chief Justice, who has fought steadfastly to uphold the Constitution and the right of the citizens, has now been denied her own constitutional rights."

Deinla, however, said Sereno remained optimistic that she will have her day in court.

“The Chief Justice is eager to defend herself consistent with her rights and looks forward to her trial before the Senate, where she is hopeful her rights will be fully respected,” said Deinla. 

Voting 30 to 4, the House panel denied the motion of Sereno's lawyers even as panel chairman Oriental Mindoro Rep. Reynaldo Umali Jr. assured her camp may ask questions through the members of the panel or through him.

House panel chair Reynaldo Umali, however, clarified that Sereno's lawyers may still ask questions in the deliberation through the members of the panel or through the chairman himself.

Sereno's lawyers stepped out of the hearing following the decision of the committee, and decided to send to the media real-time commentaries on committee deliberations, which they find "deplorable."

"It is apparent that the pursuit of truth has been put aside in favor of biased political interest. The Chief Justice maintains that she is innocent of the charges against her," they said.

In an ambush interview after they stepped out of the hearing, lead counsel Alexander Poblador said they were "considering all options" now that they have been denied to cross-examine witnesses.

Lawyer Dino Tamayo, also part of Sereno's legal team, meanwhile said cross examining the witnesses was not actually a "special favor" to their camp but is actually their client's right according to the rules.

"Wala kaming hinihinging special favor...  Sa rules nila meron so why deprive the CJ of that right?" he said.

"At saan ka nakakita ng cross examination na walang lawyer? In all proceedings present ang abogado except in aid of legislation, but this is not in aid of legislation, she's a respondent here, this is a procedure which can result in prejudice to her," he added.

For her part, Deinla believes that the committee erred in denying Sereno of her right to be represented by counsel by invoking Section 13(2) of the House Rules of Procedure Governing Inquiries in Aid of Legislation.

Such particular rule provides that “the participation of counsel for the witness during the hearing and while the witness is testifying shall be limited to advising on the legal rights of the said witness.”

“It is difficult to understand how this rule can defeat the rights of the Chief Justice to counsel when this right is enshrined not only in the very Rules or Procedure on Impeachment but in the Constitution itself that is read into such rules,” Deinla said.

Also, she said that Sereno could not understand why her right to cross examination through counsel was even subject to debate.

“Cross-examination through counsel is not only part of due process, it will even aid the committee in finding out the truth about the allegations against the Chief Justice,” she said.

Deinla said that an impeachment proceeding is analogous to a criminal trial.

“As such, she [Sereno] has the rights of an accused in criminal cases or of a person under investigation which includes the right to cross-examination through counsel."  

She added only the chief justice has the prerogative to choose how to exercise such right—in person or through counsel of her choice.

The House justice panel is conducting a hearing to determine probable cause on the impeachment case against Sereno. —LBG/MDM, GMA News