MANILA, Philippines — A day before the continuation of hearings on the impeachment complaint against Chief Justice Maria Lourdes Sereno, her lawyers insisted on being allowed to speak and cross examine witnesses against her, saying barring them from doing so violated her constitutional rights.
“The Impeachment Rules of the 17th Congress do not prohibit the CJ’s lawyers from speaking or conducting cross examination. Why not? Because to do so would violate the Constitutional right to counsel and to be heard through counsel,” lawyer Josalee Deinla, one of Sereno’s impeachment spokespersons, said after submitting a letter to the House of Representatives’ justice committee.
On Thursday, October 5, the committee will continue deliberating the complaint filed by lawyer Lorenzo Gadon.
Oriental Mindoro Representative Reynaldo Umali, chairperson of the panel, said the committee would decide if there were sufficient grounds for the complaint and that the presence of Sereno’s lawyers is not required at Thursday’s hearing.
He said they will be invited when the committee determines the existence of probable cause.
“Tomorrow, we’ll be voting on sufficient grounds for impeachment. In this instance we will now look … vis a vis the answer, the reply and the rejoinder if there will still be grounds after we consider all of these pleadings. We will vote upon it, then we will move to the next stage which is determination of probable cause,” he said.
However, Umali stood pat on his assertion that only Sereno, not her lawyers, can address the justice committee.
Deinla stressed that since impeachment hearings are similar to criminal proceedings, the Chief Justice enjoys the right to counsel guaranteed by the Constitution.
“These rights would be rendered useless and would have no meaning if, as Chairman Umali says, the Chief Justice’s lawyers are not allowed to conduct cross-examination, much less speak, during the hearings that may be conducted by the committee on justice,” she said.
Kabayan party-list Representative Harry Roque warned Sereno to follow the rules of the House.
“I hope she will not assert judicial supremacy,” Roque said. “The proceedings are being held in Congress, she should follow the rules in Congress.”
Roque also predicted that “there will be an impeachment article that will be brought to plenary.”
