JBC relaxed SALN rules before Sereno applied for SC associate justice —Escudero

Senator Francis Escudero on Tuesday clarified that the Judicial and Bar Council’s (JBC) relaxed rules on the submission of Statement of Assets, Liabilities, and Net Worth was not intended for Chief Justice Maria Lourdes Sereno.

Speaking to reporters, Escudero said the JBC rule was relaxed even before Sereno applied for the post of Associate Justice at the Supreme Court.

"Kung naaalala ko, na-relax ang rules sa lahat ng aplikante noon at pagkatapos nun, hindi lang kay Chief Justice Sereno. That is not even for the position of Chief Justice but for ordinary justice. In-apply namin sa ibang justice at that time," the senator recalled.

Sereno had been accused of failing to comply with all the requirements needed to be Chief Justice when she failed to submit all of her SALNs. This was one of the grounds in the impeachment complaint filed against her.

At least two SC justices said Sereno should not have been included in the list of 2012 JBC nominees for the high magistrate post because of this failure.

Escudero, who a JBC member of from 2008 to 2013, recounted that the JBC had been discussing Associate Justice applicant Roberto Abad situation when they had relaxed the SALN rules.

"The minutes are there for everybody’s perusal anyway. In fact, as an aside lang 'yun dahil mas pinag usapan 'yung pag relax ng rule na 'yun sa sitwasyon at kaso ni dating Justice Abad," said Escudero

"Nagdesisyon kami, base sa minutes na rin, kung ano ang applicable sa lahat ng aplikante. Kasi may ilang aplikante noon na nagtatrabaho sa gobyerno 20 years ago, 15 years ago tapos sporadic, patalon talon sa ibang ahensya tapos wala na silang record. 'Di na nila makita kopya ng SALN nung mga panahon na 'yun."

"Iyon ang naging basehan ng mahabang diskusyon na 'yun kung paano lumabas 'yung 'substantial compliance,'" he added.

Escudero said the relaxed rules did not mean that applicants were excused from submitting SALNs, especially the most recent ones. The relaxed rules only applied to very old SALNs.

"Kasi most of the justices that are applying at that time, early 60's na. Kung nagtrabaho sila sa gobyerno 20 years old pa lang sila, wala pa namang SALN nun," he elaborated further.

If the rules had not been relaxed, especially in cases with very old SALN's or to long-time civil servants, no applicant would pass muster for a post.

"Isa pang rason kasi pag ni-require namin lahat ng taon, kung may isa or dalawang taon na kulang, mauubusan kami ng mag-aaply na for that position," he said.

Escudero added that he had not initiated discussions on the relaxed the rules, as it had already been the subject of deliberations when he joined the JBC. — DVM, GMA News