CJ no-show at ‘premature, inappropriate’ JDF probe

MANILA, Philippines - Chief Justice Ma. Lourdes Sereno yesterday skipped the congressional investigation into the Judicial Development Fund (JDF) at the House of Representatives, saying the probe was “premature and inappropriate.”

Sereno sent a reply to the letter of Speaker Feliciano Belmonte Jr. last Monday inviting her to appear before the House committee on justice probing the JDF.

Two bills were filed seeking to either amend or scrap the judiciary fund.

Sereno said inviting her, head of a co-equal branch of government, to give her comments and recommendations on the two proposed measures “at this stage might be premature and considering the venue at which it is being proposed to be heard, inappropriate.”

Sereno said the Supreme Court continues to respect Congress’ mandate to pass legislation, especially if it will strengthen the rule of law.

“However, my view of the manner, timing and context in which a Committee of the House is proposing to inquire into the JDF…is that they leave much to be desired and at this point, do not seem to be fully cognizant of the kind of healthy relationship that should exist between, on one hand, the House of Representatives, and on the other, the Supreme Court,” the chief magistrate said.

Sereno pointed out the JDF, whose annual collection is estimated by pro-administration lawmakers at around P1 billion, is regularly monitored by the Commission on Audit (COA), which also provides copies of their reports to Congress.

Sereno asked that she be given the courtesy of consulting with her colleagues on how they can participate in valid legislative concerns “without sacrificing judicial independence and fiscal autonomy.”

The House committee on justice chaired by Iloilo Rep. Neil Tupas Jr. also received a letter from SC deputy administrator Raul Villanueva.

Corazon Ferrer-Flores, chief of the SC Fiscal Management and Budget Office, also sent a separate letter to Tupas declining the committee’s invitation.

Sereno cited the separate invitations sent to her and duly authorized representatives of the high court, such as Villanueva and Flores.

“I am not certain if the House Committee has considered the implication of inviting both the head of an office or her representative, and separately her subordinates,” Sereno pointed out.

The non-appearance of Sereno and other high court officials did not sit well with Tupas and other committee members, who said members of the judiciary or their representatives should participate in hearings involving other bills.

“We just want to help the SC to be accountable to the people, whether this is an initial hearing or not,” Tupas said.

Only COA commissioner Heidi Mendoza and former SC resident auditor Edna Lerit appeared in yesterday’s hearing.

COA Chairman Grace Pulido, in a letter to the House, confirmed Sereno’s statements that there is no need for the special audit of JDF that the committee has requested.

Tan told the House committee that audit of the JDF has been included in the regular audit of the transactions of the Supreme Court. She added the results of such an audit are incorporated in the Annual Audit Reports of the high tribunal.

Oriental Mindoro Rep. Reynaldo Umali, vice chairman of the panel, disputed Sereno’s statements, saying the JDF is administered exclusively by the Chief Justice so a distinction must be made between her as head of a co-equal and independent branch of government, and her as the sole disbursing officer of the fund.

Leyte Rep. Ferdinand Martin Romualdez said Sereno’s decision should be respected even as he called on his colleagues not to exert pressure on the SC.

Romualdez and Parañaque City Rep. Gustavo Tambunting, however, maintained there must be transparency in the use of public funds in whatever form. – With Edu Punay