Lawyer files graft complaints vs. Noy, Sereno

A suspended lawyer affiliated with the Volunteers Against Crime and Corruption (VACC) on Monday filed graft complaints against Chief Justice Maria Lourdes Sereno and former President Benigno S. Aquino III over the top magistrate's appointment to the position in 2012.

Attorney Eligio Mallari, who was suspended by the Supreme Court for delaying tactics in his forfeiture case, led the filing of the complaint at the Office of the Ombudsman together with VACC lawyer Manuelito Luna.

The complaints were based on claims of two Supreme Court justices that Sereno should not have been included in the list of nominees for the position of Chief Justice in 2012 for not being able to fully comply with all the requirements for the application to the position.

The justices said during the last hearing of the House justice committee on the impeachment complaint against Sereno that the top magistrate did not submit to the Judicial and Bar Council (JBC) her statements of assets, liabilities and net worth from 1986 to 2006, when she was a professor at the UP College of Law.

Aside from Sereno and Aquino, the respondents alao included Judicial and Bar Councilo Executive Officer Annaliza Capacite and former Chief of Office selection and nomination Richard Pascual.

Capacite said during the House hearing that Sereno only submitted her SALN for years 2009 to 2011. She, however, said the application process was different at that time.

Capacite explained that an applicant for chief justice is considered "substantially complied" with the requirements for the position despite failure to submit SALNs for a period of time if "there is an attempt to comply."

‘Conspiracy’

Mostly citing news reports, Mallari's 12-page complaint-affidavit called Sereno as a de facto chief justice for being appointed without being able to accomplish all the needed requirements to be included in the list of nominees..

"She is a de facto chief justice because of violation of intrinsic requirements of the JBC," Luna echoed during interview with reporters.

Mallari used to the same grounds when he asked Solicitor General Jose Calida to initiate quo warranto proceedings against Sereno.

According to the rules of court, the government can initiate quo warranto proceedings against a person who usurps, intrudes into, or unlawfully holds or exercises a public office; a public person who commits an act that serves as a ground for the forfeiture of the position; or an association which acts as a corporation in the Philippines without being legally incorporated or without lawful authority to act.

"Sereno’s conspiracy with Capacite and Pascual may be inferred from the facts. She also acted in bad faith when she sought exemption from the 10-year SALN requirement with the Executive Committee of the JBC though not entitled thereto – for not attempting to comply," the complaint-affidavit read.

Luna said they moved for the Ombudsman to investigate the alleged conspiracy between Aquino and Sereno when Aquino named the then-junior magistrate as the replacement of late Chief Justice Renato Corona.

"Sa aming palagay ay nagkaroon ng napakalaking anomalya dito at hihingin namin ang aksyon ng Office of the Ombudsman dito para imbestigahan ito at kung meron basehan, i-prosecute itong mga taong ito," Luna said.

Luna alleged that Aquino conspired with Sereno in naming her as the replacement of late Chief Justice Renato Corona.

He added it was impossible for Aquino to have no knowledge of Sereno's non-filing of SALN since Malacañang has its own vetting process aside from the JBC proceedings.

"I don’t believe that the Office of the President, then headed by Benigno Aquino III, would not have vetted (Sereno). Hindi nag-background check muna bago niya pinili si Chief Justice Sereno to be the chief justice at sa aming palagay nagkaroon ng conspiracy sa sitwasyong ito at si Maria Lourdes Sereno was part of this," Luna said.

Mallari, in his complaint, said Aquino's appointment of Sereno caused undue injury to Senior Associate Justice Antonio Carpio and Associate Justices Presbitero Velasco Jr., Teresita Leonardo de Castro, and retired Associate Justices Roberto Abad and Arturo Brion.

"Aquino III had violated sec. 3(e), R.A. 3019 just by causing undue injury to Carpio, Velasco, Leonardo-De Castro, Abad and Brion and the Government not only for turning a blind eye on then-justice Sereno’s non-compliance with the JBC’s 10-year SALN requirement, but also for disregarding her dismal psychiatric examination result of 4," he said.

This is the third case filed against Aquino at the Ombudsman. He already has pending cases in connection with his administration's Disbursement Acceleration Program and anti-dengue vaccine program involving the controversial Dengvaxia. —ALG/KBK, GMA News