Sereno: No judicial overreach when SC ruled on DAP plea

Chief Justice Maria Lourdes Sereno has finally addressed President Benigno Aquino III's accusation that the high court seemed to have committed judicial overreach when it struck down as unconstitutional certain acts under the Disbursement Acceleration Program (DAP).

 

At a forum organized by the Foreign Correspondents Association of the Philippines (FOCAP) on Thursday, Sereno said it was well within the high tribunal's constitutional mandate to decide on the legality not only of Malacañang's controversial discretionary funds, but also of Congress' Priority Development Assistance Funds.

 

"I voted with the majority so I still believe that the court is still within its bound in having issued those decisions," Sereno said of the SC ruling on DAP, in which the en banc voted 13-0-1.

 

The court in seprate decisions in November 2013 and July 2014 have declared both the PDAF and acts under DAP as illegal.

 

Sereno emphasized that it is the SC's role to interpret the Constitution, and the high court should not hesitate to interpret in a proper case and exercise judicial activism.

 

Sereno said if she thought the high tribunal had indeed become "too powerful" as some sectors are insinuating, "I would have been the first to say that we should not have decided on the (DAP and PDAF) cases."

PNoy's tirades vs. SC

 

It was the first time Sereno had publicly aired her thoughts on Aquino's earlier statements against the high tribunal, which came following the SC decision on the DAP.

 

But during the FOCAP forum, Sereno remained mum on Aquino's earlier pronouncements was he was open to amending the 1987 Constitution to clip the powers of the judiciary.

 

"The question if there is as a need to amend the Constitution as a matter of policy advancing is something that is completely political so I will not answer any question on that," Sereno said.

 

There is currently a pending motion for reconsideration filed by Malacañang, seeking to reverse the SC decision against DAP. 

 

The same question on the alleged judicial overreach was raised to Sereno during her second annual press conference in Manila last August but the chief justice was tight-lipped at the time.

 

Sereno said she would rather not comment on Aquino's pronouncements because they were touching on political issues.

 

"The Chief Justice does not respond to political questions. I don't read anything into President Aquino's statements," Sereno said back then.

 

"I have enormous respect for the President and I am sure he also has enormous respect for the office of the Chief Justice," she added.

 

Sereno is Aquino's first appointee to the Supreme Court. It was also Aquino who elevated Sereno to the highest post in the judiciary.

Charter change

 

Aquino had repeatedly expressed his views about amending the Charter and against the high court's authority. He claimed that the SC's power to interfere in all issues brought before it was already too much and needed to be clipped.

 

Aquino had said this seemingly unlimited judicial reach is the reason why he was considering Charter change.

 

"Lahat na lang pinapakialaman.... Mukhang sumobra naman.... 'Yung judicial reach, kailangan naman yata lagyan ng hangganan," the President said. He said that not all issues required judicial review.

 

Following the SC decisions on the PDAF and DAP, the House of Representatives started investigating the SC's use of its controversial Judiciary Development Fund.

 

Sereno then admitted being puzzled by the Aquino administration's persistence in scrutinizing judicial funds, including the JDF.

 

"Bakit ganoon na lamang ang pag-puntirya sa amin. Anong impormasiyon pa ba ang kailangan upang malaman na wala kaming gustong itago," Sereno had said in August. — RSJ, GMA News