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TIGLAO Impeachment Complaint PDF
TIGLAO Impeachment Complaint PDF
HOUSE OF REPRESENTATIVES
House of Representatives Complex
Constitution Hills, Quezon City
Complainant.
x------------------------------------------------x
- Alexander Hamilton,
The Federalist, No. 65, 1788
1.3. Other high crimes refer to serious abuse and misuse of office ranging from
tax evasion to obstruction of justice,5 such as malversation6 and illegal use7 of
public funds or property. These also refer to those indictable offenses and
1
Section 2, Article IX, Constitution.
2
Joaquin G. Bernas, S.J., The 1987 Constitution of the Republic of the Philippines: A
Commentary 1112 (2003).
3
Corruption, The Law Dictionary featuring Blacks Law Dictionary Free Online Legal
Dictionary 2nd Ed., available at http://thelawdictionary.org/corruption/
4
Section 1, R.A. No. 3019, otherwise known as the Anti-Graft and Corrupt Practices
Act
5
Michael J. Gerhardt, The Lessons of Impeachment History, 67 Geo. Wash. L. Rev.
are of such enormous gravity that they strike at the very life and or orderly
working of the government.8
1.4. Betrayal of public trust refers to all acts which are not punishable by statutes
as penal offenses but, nonetheless, render the officer unfit to continue in
office. It includes acts which are short of being criminal but constitute gross
faithlessness against public trust, tyrannical abuse of power, inexcusable
negligence of duty, favoritism, and gross exercise of discretionary power, 9
and all acts that contravene Section 1, Article XI of the Constitution which
mandates:
1.5. Early on, Chief Justice Sereno already failed the psychological exam
administered by the Judicial and Bar Council (JBC), garnering a grade of four
(4). Under the existing JBC policy, an applicant to any position in the
judiciary with a grade of four (4) is unfit for the job.10 Her psychiatric report
described her as dramatic and emotional. 11 True enough, this has been
manifested throughout her five (5) years in office.
1.6. After assuming office as Chief Justice, she fired the two (2) psychiatrists who
gave her a poor grade by ordering the non-renewal of their contracts because
8
Joaquin G. Bernas, S.J., The 1987 Constitution of the Republic of the Philippines: A
Commentary, 1112 (2003).
9
2 Records of the Constitutional Commission (1986).
she flies into a rage every time the issue of psychiatric testing comes up
during deliberations in the JBC.12
1.7. The framers of the Constitution agreed on the broad standards for
impeachment and assigned this absolute power, NOT to the Judiciary, but to
the elected members of Congress. By doing so, they ensured that the fate of
the respondent would not depend on standards of law alone, but on the
intertwined political, practical, moral, and legal judgment of elected officials.
THE PARTIES
3.1.1. She falsified the Resolution of the Supreme Court in A.M. No. 12-11-9-SC.
3.1.2. She falsified the Temporary Restraining Order of the Supreme Court in G.R.
Nos. 206844-45.
3.1.3. She falsified the Resolution of the Supreme Court in A.M. No. 16-08-04-SC.
3.1.4. She delayed action on the numerous Petitions for Retirement Benefits of
Justices and Judges, and the surviving spouses of deceased Justices and
Judges.
3.1.5. She manipulated and thereafter delayed the resolution of A.M. No. 17-06-
02-SC (the request of the Secretary of Justice to transfer the Maute cases
outside of Mindanao) after realizing that she lost in the voting.
3.1.6. She failed to truthfully disclose her Statement of Assets, Liabilities, and Net
Worth or SALN.
political reasons, thereby disgracing then Sol. Gen. Jardeleza, and curtailing
the Presidents power to appoint him.
3.1.8. She manipulated the shortlist of the JBC for the six (6) vacancies in the
Sandiganbayan, for personal and political reasons, thereby limiting the
Presidents power to appoint the Justices of the Sandiganbayan.
3.1.9. She manipulated the shortlist of the JBC for the two (2) vacancies in the
Supreme Court, and failed to heed the pronouncements of the Court in
Aguinaldo v. Aquino, 13 thereby impairing and curtailing the Presidents
power to appoint the Justices of the Supreme Court.
3.1.10. She lied and made it appear that several justices requested that they do
away with voting for recommendees to the Supreme Court, when in fact not
one Justice requested for it.
3.1.11. She manipulated the JBC, especially its four (4) regular members,
effectively destroying the JBC as a constitutional body mandated to fairly
and impartially screen and nominate applicants to the Judiciary.
3.2.1. She used public funds to finance her extravagant and lavish lifestyle by
ordering the purchase of a brand-new luxurious Toyota Land Cruiser 2017
model as her personal vehicle, amounting to more than Five Million Pesos.
3.2.2. She used public funds to stay in opulent hotels when attending conferences
in the Philippines and abroad, and flying on business or first class together
with her staff and security.
3.2.3. She used public funds to flaunt her extravagance by unnecessarily bringing
a huge entourage of lawyers in her supposed official foreign trips.
3.3.1. She obstructed justice by ordering the Muntinlupa Judges not to issue
warrants of arrest against Senator Leila M. De Lima.
3.3.2. She perverted justice by meeting the Presiding Justice and Associate
Justices of the Court of Appeals and instructing them not to comply with the
processes of the House of Representatives and to immediately question its
processes before the Supreme Court.
3.3.3. She failed to report her extortionate attorneys fees and pay the appropriate
taxes therefor.
3.3.4. She embellished her Personal Data Sheet (PDS) in her application for the
Judiciary to overstate her credentials.
3.4.2. She sent a strongly-worded but misplaced reply to President Rodrigo Roa
Duterte on the Judges linked to drugs thereby inviting a head-on collision
between the Presidency and the Judiciary.
3.4.4. She attacked the imposition of Martial Law in a commencement address,
while the validity of Martial Law was still pending before the Supreme
Court, and later continued to participate in the Courts deliberations.
3.4.5. She issued a Joint Statement with the Presiding Justice of the Court of
Appeals regarding CA-GR SP No. 151029, which can very well be elevated
to the Supreme Court.
3.4.6. She practiced favoritism by allowing key positions in the Supreme Court to
remain unfilled for a long period of time in order to wait for her staff to
qualify, to the detriment of the service and great demoralization of qualified
Court employees.
3.4.7. She appointed a key official without authority or approval of the Court en
banc, in violation of Court-established rules and the Constitution.
3.4.8. She gave her newly-hired staff foreign travels and granted them travel
allowances for their foreign travels without authority or approval of the
Court en banc, in violation of Court-established rules and the Constitution.
3.4.9. She usurped the mandate of the Court en banc by arrogating to herself alone
the running of the Supreme Court and the Judiciary, thereby destroying the
Supreme Court as a collegial body.
DISCUSSION OF THE GROUNDS FOR IMPEACHMENT
4.1.2. To ratify her unilateral act, she made it appear that the Supreme Court en
banc subsequently issued a Resolution approving the revival of the RCAO-
7, a project that was supported and funded by the Asian Development Bank
but scrapped by the Supreme Court following a failed pilot testing in 2008.
The Resolution which was supposedly issued on November 27, 2012, in
A.M. No. 12-11-9-SC (Re: Opening the Regional Court Administrative
Office in Region 7), reads:
4.1.5. On January 22, 2013, the Supreme Court issued a corrective resolution
creating a Decentralization Needs Assessment Committee to study and
determine the necessity of decentralizing administrative functions
14
Tetch Torres, SC Justice De Castro questions Sereno order reopening RCAO, The
Philippine Daily Inquirer, December 5, 2012, available at http://newsinfo.inquirer.net/318941/
sc-justice-de-castro-questions-sereno-order-reopening-rcao (last accessed July 12, 2017).
appurtenant to the exercise of the Supreme Courts power of supervision
over lower courts. The Court also held that the January 22, 2013
Resolution supersedes all prior resolutions, administrative orders and
issuances on the covered matter and shall take effect upon its promulgation.
4.2.2. Respondent Sereno however deliberately tampered with and altered the
contents of the draft temporary restraining order sent by Justice De Castro
by issuing a blanket TRO stopping the COMELEC from making further
proclamations, thus, benefitting other groups that were not party to the
case.16
4.2.3. It was only after Sereno endured a harsh tongue-lashing from Justice
Teresita Leonardo-De Castro, the original ponente of the tampered TRO17
was the TRO rectified and re-released.
4.3.1. On August 9, 2016, Respondent Sereno once again solitarily ordered the
release of an en banc Resolution in A.M. No. 16-08-04-SC ordering the
conduct of a motu propio fact-finding investigation on the alleged
involvement of four (4) incumbent judges in illegal drugs, which, among
others, resolved to DIRECT Executive Secretary Salvador C. Medialdea to
submit Complaint-Affidavits against the four (4) judges within seven (7)
days,18 without the concurrence of the Justices of the High Court.
4.3.2. This supposed order from the Court immediately drew a sharp reaction from
the Presidential Legal Counsel Salvador Panelo who said that the Court
cannot order Medialdea to submit complaint-affidavits.19
17
Id.
18
Supreme Court PIO, @ SCPh_PIO, Tweet, August 9, 2016: 2:02 p.m., Twitter,
available at https://mobile.twitter.com/scph_pio/status/762891884037410816 (last accessed July
12, 2017).
4.3.3. It was only after the news spread that the Justices of the Court discovered
the fake resolution. Respondent Sereno was again chastised by the Justices
since the questioned resolution was never approved by the Court.
4.3.4. Later, the Court revised its supposed resolution and did away with the
directive to the Executive Secretary. Instead, the Court invite(d) Philippine
National Police Director General Ronald M. Dela Rosa and Philippine Drug
Enforcement Agency Director General Isidro S. Lapea, heads of the
statutory authorities mandated to obtain information on illegal drugs
activities, to submit Complaints-Affidavits or other information against the
four (4) judges.20
4.3.5. This unilateral act of Respondent Sereno readily shows that more than four
(4) years into office as Chief Justice, she still thinks that she alone is the
Supreme Court, excluding the other fourteen (14) members, a clear case of
culpable violation of the Constitution.
4.4.1. The Supreme Court has, in several occasions, promptly acted upon Petitions
for Retirement Benefits, considering the urgency of the matter since retirees,
more often than not, need their benefits.
4.4.2. Doubting the previous resolutions of the Court which granted some of the
petitions, Respondent Sereno created a Technical Working Group (TWG)
headed by one of her lawyers who knew nothing much.
4.4.3. Thereafter, all petitions for retirement benefits were referred to the TWG
which hardly convened. Hence, practically all petitions were shelved until
her lawyer could come up with her recommendation. All these petitions
have been pending for two (2) years or more.
4.4.4. These petitions include the petitions of thirty (30) surviving spouses of
Justices and Judges, whose ages are mostly eighty (80) to more than ninety
(90) years old.
4.4.5. The applicants are all in their advanced ages, many if not all, not in the pink
of health. They can only enjoy these benefits while they are alive.
4.4.6. The Court has earlier approved similar applications more than 200 times.
4.5.3. On June 13, 2017, Secretary Aguirre moved for a reconsideration of the
resolution transferring the Maute and similar cases to Cagayan de Oro City.
4.5.4. Justice Tijam, believing that the matter was already assigned to him,
circulated to his colleagues his opinion (and recommendation) to grant the
motion for reconsideration and transfer the Maute and similar cases to
Taguig City, which was sustained after an informal consensus among the
members of the Court was taken.
4.5.5. Surprisingly however, on June 19, 2017, Respondent Sereno caused the
matter to be raffled to her, after earlier assigning it to Justice Tijam,
which is in total disregard of the Internal Rules of the Court, and therefore
highly questionable. It was also at this time that Secretary Aguirre wrote a
letter reiterating his earlier motion for reconsideration, and likewise
requesting that the matter be given preferential attention.
4.5.6. The following day, on June 20, 2017, an en banc day, A.M. No. 17-06-02-
SC was not included in the en banc Agenda, notwithstanding its extreme
in compliance with the constitutional mandate that cases must be filed within
three (3) days from arrests.21
4.5.7. While A.M. No. 17-06-02-SC was included in the en banc Agenda of the
following week, on June 27, 2017, no resolution was issued or released.
Instead, Respondent Sereno merely informed the members of the Court that
she is already drafting the Resolution granting the motion for
reconsideration and transferring the cases to Taguig City.
4.5.8. This is again highly irregular because she is in the minority. The case must
be assigned to a member of the Court who adheres to the majority view.
4.5.9. Respondent Sereno has been delaying the issuance and release of the
Resolution because she failed to get a majority vote on her desire to keep the
Maute and similar cases in Cagayan de Oro City, to the detriment of the
service.
4.5.10. Although dated June 27, 2017, the Resolution was only released on July 20,
2017, after news of her impending impeachment broke out.
4.5.11. Indeed, the intentional delay on the part of Respondent Sereno to issue and
release the much-awaited Resolution, only because she has lost in the vote,
is another count of culpable violation of the Constitution.
4.6.1. Respondent Sereno failed to truthfully disclose to the public her Statement
Constitution, which provides that [a] public officer or employee shall, upon
assumption of office and as often thereafter as may be required by law,
submit a declaration under oath of his assets, liabilities, and net worth.22
4.6.2. Respondent Sereno was untruthful when she deliberately excluded in her
initial SALN the exorbitant lawyers fees in the amount of SEVEN
HUNDRED FORTY-FIVE THOUSAND U.S. DOLLARS ($745,000.00) or
23
THIRTY-SEVEN MILLION PESOS (P37,000,000.00), which she
received from the Philippine Government.
4.7.3. Justice Jardeleza wrote a letter to the Supreme Court, enumerating the
incidents and questionable acts of Respondent Sereno and the JBC, which
deprived him of due process during the selection of nominees, to wit:
under the Rules of the JBC to make their recommendations to
the JBC.29
4.7.4. Justice Jardeleza subsequently filed a petition before the Supreme Court,
seeking to compel the JBC to include him in the list of nominees on the
ground that the JBC and Respondent Sereno acted with grave abuse of
discretion amounting to lack or excess of jurisdiction in excluding him,
despite having garnered a sufficient number of votes.
4.7.5. Accordingly, in Jardeleza v. Sereno, 30 the Supreme Court held that the JBC
violated its own rules of procedure and Justice Jardeleza's constitutional
right to due process, and ruled that he should have been included in the
shortlist submitted to the President for the vacated position of Associate
Justice Abad, to wit:
4.7.6. In a strongly-worded Separate Concurring Opinion, Justice Arturo D. Brion
forewarned that Respondent Sereno manipulated the JBC process with
malice and bad faith:
31
J. Brion, Separate Concurring Opinion, Jardeleza v. Sereno, G.R. No. 213181, August
4.7.7. Justice Brion likewise explained the detrimental consequences of the JBCs
grave abuse of discretion to the constitutionally-mandated power of the
President to appoint members of the Judiciary, as well as to the public trust:
4.7.8. Justice Jardeleza likened this episode of his life to (his) near death
experience.37 He added:
4.7.9. Indeed, the gross and malicious manipulation of the JBC and disgracing of
Justice Jardeleza by Respondent Sereno are culpable violations of the
Constitution.
4.8.2. In coming up with the list of nominees for the six (6) newly-created
positions of Associate Justice of the Sandiganbayan in 2015, Respondent
direct contravention of the JBCs practice of submitting only one shortlist
for two or more vacancies in a collegiate court. Thus, in Aguinaldo v.
Aquino, the Court unanimously held that the JBC acted beyond its
constitutional mandate:
41
Id at 36.
42
There appears to be a systematic move by the JBC, under
Chief Justice Sereno, to arrogate to itself more power and
influence than it is actually granted by the Constitution and
this Court, and at the same time, to ease out the Court from
any legitimate participation in the nomination process for
vacancies in the Judiciary, specifically in the Supreme
Court.45
4.8.4. In resolving the Motion for Reconsideration in the same case, the Court
further held that the practice of clustering may be used as a device to favor
or prejudice a qualified nominee since [a] favored nominee can be included
in a cluster with no other strong contender to ensure his/her appointment; or
conversely, a nominee can be placed in a cluster with many strong
contenders to minimize his/her chances of appointment. 46 Moreover, the
Court held that the clustering of nominees is sorely lacking in any objective
criteria, standard or guideline. It pointed out:
4.8.5. It must be noted that Atty. Trespeses, now Sandiganbayan Associate Justice
Trespeses, was Respondent Serenos Judicial Staff Head for two (2) years.
He was shortlisted for the 18th Associate Justice vacancy, but appointed as
the 21st Associate Justice of the Sandiganbayan.
4.8.6. All told, all the judicial maneuverings by Respondent Sereno shows her
corrupt state of mind that makes her unfit to continue as the Chief Magistrate
of the highest collegial court.
4.9.3. However, for the twin retirements of SC Justices Bienvenido L. Reyes and
Jose C. Mendoza on July 6, 2017, and August 13, 2017, respectively, barely
a month apart, the JBC, upon the instructions of Respondent Sereno,
mindless of the pronouncements of the Court in Aguinaldo v. Aquino against
clustering, has once again clustered its shortlists, which again curtails the
appointing authority of the President.
4.9.4. The shameless defiance of the Courts directives by the JBC led by
Respondent Sereno is another culpable violation of the Constitution
4.10.1. Section 1, Rule 8, JBC-009 (The Rules of Procedure of the JBC), provides:
4.10.2. When the Court was considering the nominees for the vacancy created by
the retirement of Associate Justice Roberto A. Abad, the members of the
Court did away with the voting of the recommendees because according to
Respondent Sereno, in her letter to her colleagues dated May 29, 2014,
several justices requested that they do away with the voting provided in
Section 1, Rule 8, JBC-009.
4.10.6. It is pathetic that the Supreme Court has been very strict with erring judges
and court personnel and metes them the supreme penalty of dismissal from
the service with forfeiture of retirement benefits, when it has a Chief Justice
who has the propensity to lie through her teeth.
4.10.7. Like Ceasars wife, a judge, much more a Chief Justice, must not only be
pure but above suspicion. A judges private as well as official conduct must
at all times be free from all appearances of impropriety, and be beyond
reproach.51
4.10.8. This is simply another clear case of culpable violation of the Constitution.
4.11.1. Respondent Sereno has clearly influenced the four (4) regular members of
the JBC to vote with her for judicial aspirants she wants included or
excluded from the shortlist.
4.11.4. Because of Respondent Serenos desperate plea, the JBC included her chief
of staff with nary a credential in the shortlist for the Sandiganbayan.
4.11.5. Supreme Court Justices criticized Respondent Sereno for pushing for the
appointment of her Umbrella Boy as Sandiganbayan Justice, as this is
demoralizing for many others who have been in the judiciary much longer
than him.52
4.11.6. Because of Respondent Serenos desperate plea, the JBC included her
neophyte lawyers in the numerous shortlists for the RTCs in the National
Capital Region, in contravention of their existing policies.
4.11.7. Because of the resulting horse-trading in the JBC, which was encouraged
by Respondent Sereno, a son-in-law of a member has been shortlisted in
several shortlists for the RTCs in the National Capital Region, despite being
short of years as a judge elsewhere, in contravention of existing JBC
policies.
4.11.8. Undoubtedly, Respondent Sereno has transformed the JBC into a mafia-
like organization that adheres to her unquestionably, especially its four (4)
regular members. This simply shows the kind of hold Respondent Sereno
has on the members of the JBC, especially on its regular members, as she
has regularly showered them with bonuses and perks including a study tour
to the United States.
4.11.9. Respondent Serenos destruction of the JBC as a constitutionally mandated
body tasked to fairly, impartially and dispassionately screen applicants for
the Judiciary is a culpable violation of the Constitution.
5.1. Respondent Sereno committed corruption when she used public funds
to finance her extravagant and lavish lifestyle by ordering the purchase
of a brand-new luxurious Toyota Land Cruiser 2017 top of the line
model as her personal vehicle, amounting to more than Five Million
Pesos.
5.1.1. Respondent Sereno was not content with the vehicles assigned to her, a
fairly recent model of Toyota Camry sedan and a Hyundai Starex van. She
wanted more. That of course is in addition to her coterie of security
personnel riding in separate vehicles and traffic escorts in two (2)
motorcycles which she incidentally also ordered to be purchased, all using
Supreme Court funds.
5.1.4. Thus, sometime April 2017, the brand-new Toyota Land Cruiser, 2017
model, was delivered to the Supreme Court.
5.1.6. Administrative Order No. 233 (A.O. 233) dated August 1, 2008, reiterates
the prohibition on the acquisition and use of luxury vehicles by government
officials: All government offices are hereby prohibited from acquiring
and/or using luxury vehicles for their operations.55
5.1.7. A.O. 233 defines a luxury vehicle as referring to any motor vehicle
including a Sports Utility Vehicle (SUV) with an engine displacement
exceeding 2700cc, if gasoline-fed; or 3000cc, if diesel-fed; and with an
engine exceeding 4 cylinders.56
5.1.8. The Toyota Land Cruiser 200 4.5 L V8 A/T Premium purchased by
Respondent Sereno is way beyond the limit imposed by A.O. 233.
53
Item 6.1, COA Circular No. 2012-003 dated October 29, 2012, (Updated Guidelines
for the Prevention and Disallowance of Irregular, Unnecessary, Excessive and Unconscionable
Expenditures).
54
5.1.9. While par. 3, A.O. 233, may exempt the vehicles used for security reasons
and purposes of the Chief Justice of the Supreme Court, among others,
Respondent Serenos purchase of a luxury vehicle at an exorbitant and
grossly excessive price for her personal use, in addition to her array of other
vehicles, shows her injudiciousness, lack of economy and propriety, and
grave abuse of discretion, especially considering that she could not even
allocate Supreme Court funds for judges and court personnel devastated by
natural calamities and disasters.
5.1.10. Respondent Sereno even ordered the bullet-proofing of the Land Cruiser,
but only withdrew when news of her impending impeachment broke out.
5.2. Respondent Sereno committed corruption when she used public funds
to finance her extravagant and lavish lifestyle by staying in opulent
hotels when attending conferences in the Philippines and abroad, and
flying on business or first class together with her staff and security.
5.2.2. Respondent Sereno does the same during official travel abroad. The list
goes on and on.
5.2.3. Respondent Sereno also has this fondness of holding meetings and
conferences in five star hotels and clubs, even if there are sufficient meeting
places and function rooms in the Supreme Court, both in Manila and in
Baguio City.
5.3. Respondent Sereno committed corruption when she used public funds
to finance her extravagant and lavish lifestyle by unnecessarily bringing
a huge entourage of lawyers in her supposed official foreign trips.
5.3.1. In many of her foreign trips, Respondent Sereno would bring her clique of
relatively new hired lawyers.
5.3.2. No Chief Justice has done this in the past. Former chief justices would only
normally bring their respective wives, at no government expense. At most,
they would bring only one lawyer if a series of meetings will be held.
6.1. Respondent Sereno committed other high crimes when she obstructed
justice by ordering the Muntinlupa Judges not to issue warrants of
arrest against Senator Leila M. De Lima.
6.1.1. Sometime on February 20, 2017, after the three (3) Informations filed by the
Department of Justice against Sen. Leila M. De Lima in the Regional Trial
Courts (RTC) of Muntinlupa were raffled to three (3) different judges,
namely, Judge Juanita T. Guerrero, Br. 204; Judge Amelia A. Fabros-
Corpuz, Br. 205; and Judge Patria A. Manalastas-de Leon, Br. 206, 57
Respondent Sereno instructed a Supreme Court official to call the Judges, to
order them not to issue warrants of arrest against the accused, considering
she is a senator.
6.1.2. The Supreme Court official had no choice but to follow the orders of
Respondent Sereno and call the judges.
6.2. Respondent Sereno committed other high crimes when she obstructed
and perverted justice by meeting the Presiding Justice and Associate
Justices of the Court of Appeals and instructing them not to comply
with the processes of the House of Representatives and to immediately
question the same before the Supreme Court.
6.2.1. As reported by various news agencies, Respondent Sereno met with the
Presiding Justice and Associate Justice of the Court of Appeals and
instructed them to ignore and defy the House of Representatives show cause
order in relation to the mounting issue on the detention of the six (6) Ilocos
Norte provincial officials.58
6.2.2. Respondent Sereno did not stop there. She also ordered the Justices of the
Court of Appeals to immediately file a petition for prohibition before the
Supreme Court.59
6.3. Respondent Sereno committed other high crimes when she failed to
report her extortionate attorneys fees and pay the appropriate taxes
therefor.
58
6.3.1. For being part of a team of local private lawyers representing the
Government of the Philippines in the PIATCO case, Respondent Sereno
received a ridiculous windfall in the amount of SEVEN HUNDRED
FORTY-FIVE THOUSAND U.S. DOLLARS ($745,000.00) or around
THIRTY-SEVEN MILLION PESOS (P37,000,000.00), excluding the
amounts she received from the U.S. law firms and the Manila International
Airport Authority, for the same purpose.
6.3.3. Consequently, Respondent Sereno never paid taxes for her extortionate
attorneys fees.
6.4. Respondent Sereno committed other high crimes when she embellished
her Personal Data Sheet (PDS) in her application for the Judiciary to
overstate her credentials.
6.4.1. Respondent Sereno stated that she was a Deputy Commissioner of the
Commission on Human Rights, when there is no such position.
6.4.2. Respondent Sereno stated that she was a lecturer at the Hague Academy of
International Law, making it appear that she was delivering lectures at the
Netherlands. That is absolutely false. She was never a lecturer at the
Hague.60
6.4.3. The other entries in her PDS, e.g., lecturer in the University of Western
Australia, Murdoch University, should likewise be verified as they have
become highly improbable.
6.4.4. The Supreme Court has dismissed from the service a court personnel who
made misrepresentations in her PDS for dishonesty by misrepresentation
and falsification of a public document.61
6.4.5. The gravity of [the] offense warrants dismissal, for [the Court] cannot
countenance any act of dishonesty, especially when it is committed by a
person who is tasked to uphold the administration of justice.62 Dishonesty
and falsification are malevolent acts that have no place in the Judiciary.63
7.1. Respondent Sereno betrayed the public trust when she hired an
Information Technology consultant with an excessive compensation
without public bidding, in contravention of existing laws, Commission
on Audit (COA) rules, and public policy.
7.1.2. The monthly salary of a Justice of the Supreme Court is only ONE
HUNDRED FIFTY THOUSAND PESOS (P150,000.00).
7.1.3. Then Chief Attorney of the Supreme Court, now Assistant Ombudsman,
Atty. Edna E. Dio, raised a matter about the hiring by Respondent Sereno
of an ICT Consultant, since it would put on hold the consultancy services
already bidded out but not yet awarded.64 Then Judge Geraldine Faith A.
Econg, now Sandiganbayan Justice, also suggested to the body to
recommend to Respondent Sereno to hold in abeyance the hiring of an ICT
Consultant. These recommendations were unheeded by Respondent Sereno.
7.1.4. Under the Government Procurement Reform Act,65 all procurement shall be
done through Competitive Bidding x x x x
7.1.5. Section 2, 2009 Revised Implementing Rules and Regulations of R.A. 9184
clearly states that [i]t is the policy of the GOP (Government of the
Philippines) that procurement of infrastructure projects, goods and
consulting services shall be competitive and transparent, and therefore shall
go through public bidding except as otherwise provided in this IRR.
64
Atty. Dio was referring to the Invitation to Bid/Submission of Expression of Interest
for the Procurement of an ICT Consultant for the Judiciary Case Management System (JCMS)
Implementation dated June 5, 2013.
65
Section 10, Republic Act No. 9184
7.1.7. In Manila International Airport v. Olongapo Maintenance Services, 68 the
Court explained the purpose behind the policy of public bidding, to wit:
7.1.8. The Government Auditing Code of the Philippines,69 provides that [i]t is the
declared policy of the State that all resources of the government shall be
managed, expended or utilized in accordance with law and regulations, and
safeguard against loss or wastage through illegal or improper disposition,
with a view to ensuring efficiency, economy and effectiveness in the
operations of government. The responsibility to take care that such policy is
faithfully adhered to rests directly with the chief or head of the government
agency concerned.70
7.1.9. Any unjustified failure by the public officer concerned to comply with any
requirement imposed in this Code shall constitute neglect of duty and shall
be a ground for administrative disciplinary action x x x x71
7.1.11. For her willful failure to procure the services of an ICT Consultant in
accordance with law and public policy, Respondent Sereno illegally
expended public funds, in betrayal of the public trust.
7.2. Respondent Sereno betrayed the public trust when she sent a strongly-
worded but misplaced reply to President Rodrigo Roa Duterte on the
judges linked to drugs thereby inviting a head-on collision between the
Presidency and the Judiciary.
71
Sec. 127, P.D. No. 1445
72
7.2.2. In her reply-letter to the President dated 8 August 2016, Respondent Sereno
issued a strongly-worded reminder that [t]o safeguard the role of judges as
the protector of constitutional rights, [she] would caution them very strongly
against surrendering or making themselves physically accountable to any
police officer in the absence of any duly-issued warrant of arrest that is
pending.74
7.2.3. Respondent Sereno also warned that [i]t would matter greatly to our sense
of constitutional order, if we were given the chance to administer the
appropriate preventive measures without the complications of a premature
public announcement, 75 considering that premature announcement of an
informal investigation on allegations of involvement with the drug trade will
have the unwarranted effect of rendering the judge veritably useless in
discharging his adjudicative role.76
7.2.4. It must however be remembered that the President did not say anything
much but for the identified judges to report to the Supreme Court.77 Thus
in reaction to Respondent Serenos forceful reply, the President merely
countered that contrary to what the Chief Justice has stated, he never told the
judges named in his previous speech to surrender to the police.78 In fact, it
was emphasized that mere mention of the list was not an accusatorial
74
Full Text: CJ Serenos letter to President Duterte, Philippine Star, August 9, 2016,
available at http://www.philstar.com/news-feature/2016/08/09/1611623/full-text-chief-justice-
sereno-letter-president-duterte (last accessed July 15, 2017).
75
Id.
76
Id.
77
Full Transcript: Dutertes expos vs drug-tagged officials, ABS-CBN News, August
7, 2016, available at http://news.abs-cbn.com/focus/08/07/16/full-transcript-dutertes-expos-vs-
utterance79 given that the President never accused anybody except to read
their names.80
7.3. Respondent Sereno betrayed the public trust when she prevented the
Justices of the Court of Appeals to do a courtesy call on President
Rodrigo Roa Duterte.
79
Id.
80
Id.
81
Adopting the New Code of Judicial Conduct for the Philippine Judiciary, A.M. No. 03-
05-01-SC, 27 April 2004 [hereinafter New Code of Judicial Conduct], Canon 3, Sec. 2.
82
Canon 2, Sec. 1., New Code of Judicial Conduct
83
prevented Court of Appeals Presiding Justice Andres Reyes from paying the
President a courtesy call.85
7.3.2. It is very obvious that Respondent Sereno is controlling the members of the
Judiciary and is creating a barrier between the Judiciary and the rest of the
world.
7.3.3. It is also very obvious that Respondent Sereno wants everyone to pass
through her, as if she has the monopoly of propriety and decency. The
allegations in this impeachment complaint however clearly say otherwise.
7.4. Respondent Sereno betrayed the public trust when she attacked the
imposition of Martial Law in a commencement address, while the
validity of Martial Law was still pending before the Supreme Court,
and later continued to participate in the Courts deliberations.
7.4.1. In delivering her commencement speech before the 2017 graduating students
from the Ateneo de Manila University, Respondent Sereno urged the
graduates to remember the apprehensions created by former President
Marcos and the Martial Law that followed his 1972 declaration. Sharing in
length the evils and fears of the past wherein enemies of the Marcos regime
disappeared, were tortured or summarily executed,86 Respondent Sereno
85
furthermore apprised the new graduates about the human rights atrocities
and the corruption caused by such absolute power.87
7.4.2. Asserting that the possibility of history repeating itself looms imminent,88
Respondent Sereno forewarns that [t]hese are times when institutions are
being challenged to their very foundations, and basic ideas of decency and
human dignity are being violated with great impunity.89
7.4.4. Specifically, the said Code mandates that [j]udges shall perform their
judicial duties without favor, bias or prejudice.90 As such, [j]udges shall
not knowingly, while a proceeding is before or could come before them,
make any comment that might reasonably be expected to affect the outcome
of such proceeding or impair the manifest fairness of the process.91 In a
concerted effort to avoid any semblance of partiality, judges are likewise
guided to conduct themselves as to minimize the occasions on which it will
be necessary for them to be disqualified from hearing or deciding cases.92
They shall disqualify themselves from participating in any proceedings in
which they are unable to decide the matter impartially or in which it may
87
Full Text: CJ Sereno: These are times when everything that can be shaken is being
shaken, The Philippine Daily Inquirer, 26 May 2017, available at http://newsinfo.inquirer.net
/899852/full-text-cj-sereno-these-are-times-when-everything-that-can-be-shaken-is-being-shaken
(last accessed July 15, 2017).
88
Id.
89
Id.
90
appear to a reasonable observer that they are unable to decide the matter
impartially.93
7.5. Respondent Sereno betrayed the public trust when she issued a Joint
Statement with the Presiding Justice of the Court of Appeals regarding
CA-GR SP No. 151029 which can very well be elevated to the Supreme
Court.
7.5.1. In CA-G.R. SP. No. 151029,96 three (3) Court of Appeals Justices granted
the Motion for Provisional Release and ordered the posting of bail of the six
(6) detained Ilocos Norte provincial officials on the habeas corpus case. To
defy the Order of the House of Representatives, Respondent Sereno issued a
93
Canon 3, Sec. 5., New Code of Judicial Conduct
94
Lagman, et al. vs. Executive Secretary Medialdea et. al, G.R. No. 231658, July 4,
joint statement with the Presiding Justice of the Court of Appeals expressing
deep concern over the Show Cause Order issued by the House Committee
on Good Government and Public Accountability against the three (3)
Justices of the Court of Appeals.97
7.5.2. Specifically, the Joint Statement hope(d) that the House of Representatives
reconsider its [show cause] order and that it instead, avail of all legal
remedies that are provided to it under the Constitution, the law and the Rules
of Court.98
7.5.3. In denying the claim that the Joint Statement represented the position of
other magistrates and the Supreme Court as an institution, it was relevantly
raised that the Supreme Court never gives advisory opinions to the CA on
pending cases before it.99 It has likewise been a long-standing rule that the
Supreme Court refrains from meddling in controversies that it would likely
have to resolve.100
7.5.4. In faithful compliance with the orders of the New Code on Judicial Conduct,
judges shall not knowingly, while a proceeding is before or could come
before them, make any comment that might reasonably be expected to affect
the outcome of such proceeding or impair the manifest fairness of the
process.101 Although judges are entitled to freedom of expression, just like
any other citizen, they shall always conduct themselves in such a manner as
to preserve the dignity of the judicial office and the impartiality and
97
Statement from the Chief Justice of the Supreme Court and the Presiding Justice of
the Court of Appeals, June 21, 2017.
98
Id.
99
Edu Punay with Jess Diaz, Sereno statement vs House not supported by Justices,
Philippine Star, July 6, 2017, available at http://www.philstar.com/headlines/2017/07/06/
independence of the judiciary. 102 And most importantly, [j]udges shall
refrain from influencing in any manner the outcome of litigation or dispute
pending before another court or administrative agency.103
7.6. Respondent Sereno betrayed the public trust when she practiced
favoritism by allowing key positions in the Supreme Court to remain
unfilled for a long period of time in order to wait for her staff to qualify,
to the detriment of the service and great demoralization of qualified
Court employees.
7.6.1. Since 2013, a number of key positions in the Supreme Court have been and
currently remain vacant, to wit:
7.6.2. The vacancy in one (1) Assistant Court Administrator position was posted
only on October 24, 2016, or three (3) years and nine (9) months after the
vacancy occurred. Applications were submitted to Respondent Serenos
office in December 2013, but despite several requests from other Justices,
Respondent Sereno refused to include the filling-up of the vacancy in the en
banc agenda because she does not have the majority vote. The vacancy in
the other Assistant Court Administrator has yet to be posted.
7.6.3. The vacancy in the Deputy Clerk of Court and Chief Attorney positions
were posted only on June 15, 2016, or two (2) year and almost eight (8)
months from the occurrence of the vacancy. Although applications for both
positions have been submitted to Respondent Serenos office in July 2016,
no action thereon was taken.
7.6.4. Respondent Serenos blatant refusal to act upon and fill up these vacancies
despite the urgent need for them, considering that the offices they belong to
are heavily burdened and lacking in manpower, shows her incompetence and
unfitness to be the Chief Justice of the Supreme Court.
7.7. Respondent Sereno betrayed the public trust when she appointed a key
official without authority or approval of the Court en banc, in violation
of Court-established rules and the Constitution.
7.7.1. Respondent Sereno appointed the Chief of Office for the Philippine
Mediation Center (PMC) on June 28, 2016, without authority or approval of
the Court en banc.
7.7.2. Sec. 5, Art. VIII of the Constitution vests upon the Supreme Court the power
to appoint all officials and employees of the Judiciary in accordance with
the Civil Service Law.104 Since the Court is a collegial body, it is only the
Court en banc who can exercise this power, unless duly delegated to another
through an en banc resolution.
7.7.3. Although the en banc resolution in A.M. No. 99-12-08-SC dated April 22,
2003, gives the Chair of the Supreme Court divisions, which includes
Respondent Sereno, the authority to act on appointments of personnel for
and in behalf of the Court en banc, this authority does not cover high
ranking officials, such as the Chief of the PMC which has the rank of an
Associate Justice of the Court of Appeals.
7.7.4. In stark contrast, the appointment of the previous Chief of the PMC was
approved by the Court en banc in a Resolution dated July 7, 2015 in A.M.
No. 15-07-01-SC-PHILJA.105
7.8. Respondent Sereno betrayed the public trust when she gave her newly-
hired staff foreign travels and granted them travel allowances for their
foreign travels without authority or approval of the Court en banc, in
violation of Court-established rules and the Constitution.
7.8.1. The approval of foreign travel on official time for Court officials and
personnel, which does not involve any expenditure from the public funds,
has been delegated by the Court en banc to the Chair of the divisions of the
Supreme Court, which includes Respondent Sereno. However, foreign
travel on official business, which involves spending public funds, requires
en banc approval, even for Supreme Court Justices.
7.8.2. For the numerous foreign travels of her staff, Respondent Sereno makes it
appear that her staff is traveling on official time, their travels supposedly
funded by partner or host organizations, so that approval is done only by her
and the two (2) other division Chairs. She would then, by herself, grant her
staff foreign travel allowances charged against Court funds.
7.8.3. Respondent Sereno maliciously circumvented Court rules and unduly and
illegally relegated unto herself the powers of the Court en banc, in violation
of Sec. 6, Art. VIII, which gives the Supreme Court, not the Chief Justice
alone, administrative supervision over all courts and the personnel thereof.
7.9. Respondent Sereno betrayed the public trust when she usurped the
mandate of the Court en banc by arrogating to herself alone the running
of the Supreme Court and the Judiciary, thereby destroying the
Supreme Court as a collegial body.
7.9.1. Respondent Sereno managed the Supreme Court and the Judiciary by
granting huge allowances, purchasing vehicles, distributing foreign travels,
appointing and promoting officials and personnel, creating committees,
implementing projects, formulating policies all by her lonesome self at
times, making the two other senior justices sign perfunctorily.
7.9.2. Respondent Sereno has ruled with extreme bias, obvious favoritism, and
with utmost disregard for existing policies, rules, and tradition.
7.9.3. The Constitution cannot be any clearer. The Supreme Court is not
Respondent Sereno alone. It is composed of a Chief Justice and fourteen
(14) Associate Justices. 106 All of them shall have the administrative
supervision over all courts and the personnel thereof, 107 not the Chief
Justice alone. No less than former SC Associate Justice, now Ombudsman,
Conchita Carpio-Morales, quoting Chief Justice Renato C. Corona, said that
although the Chief Justice is primus inter pares, he cannot legally decide a
case on his own because of the Courts nature as a collegial body. Neither
can the Chief Justice, by himself, overturn the decision of the Court, whether
of a division or the en banc.108
CLOSING STATEMENT
8. The listed litany of lapses committed by Respondent Sereno is just the tip of
the iceberg, so to speak. Many many more are shrouded in mystery, hidden in
the historic halls of the great Hall of Justice along Padre Faura. Court officials
have been mum for fear of Respondent Sereno, as they do not want to be
wrapped within her wrath. These wrongdoings can only be unraveled through
an investigation of a co-equal body.
8.1. Just the same, the enumerated transgressions already clearly shows just how
unfit Respondent Sereno is from the very beginning to be, and remain as, the
Chief Justice of the Supreme Court.
8.2. One begins to wonder why Respondent Sereno has immersed and continues
to immerse herself with irregularities. There is only one answer: she is
mentally deranged. And that has been shown clinically.
8.3. The Constitution mandates that Members of the Supreme Court shall hold
office only during good behavior. 109 Respondent Serenos numerous
violations of the Code of Judicial Conduct prove that she cannot stay in
office a minute longer. She has disregarded the tradition and internal rules
of the Court, stretched her authority to its breaking point, destroyed the very
institutions she was assigned to run, and pushed the country toward legal and
constitutional crises. She must be impeached, convicted, and removed from
office immediately.
God save the Supreme Court and the Republic of the Philippines.
I, Atty. Lorenzo G. Gadon, of legal age with residence at No. 35, 7th Street,
New Manila, Quezon City, Metro Manila, after having been duly sworn, depose
and say:
3. That the allegations therein contained are true and correct of my personal
knowledge or based on authentic records.