MANILA, Philippines — Members of the House of Representatives Committee on Justice, on Wednesday, started examining the complaint filed by Larry Gadon seeking to oust Chief Justice Maria Lourdes Sereno.
Gadon, a vocal supporter of President Rodrigo Duterte, accused the chief magistrate of corruption, violating the Constitution, comitting high crimes, and betrayal of public trust.
The hearing on November 22 ran for more than eight hours. As the solons delved deeper into his complaint, Gadon scrambled to expound on his "personal knowledge" of the case.
Personal knowledge? Or Justice De Castro's?
On the last page of a verified complaint, the accuser signs a "verification and certification of non-forum shopping." Part of which reads: "I have read the contents thereof and the facts stated therein are true and correct of my personal knowledge and/or on the basis of copies of documents and records in my possession."
Solons proceeded to grill Gadon on his "personal knowledge" as basis of his impeachment complaint.
One of the impeachable acts Gadon cited in his complaint was Sereno allegedly falsifying a temporary restraining order.
Rep. Ramon Rocamora (Siquijor) quizzed the lawyer on his source.
"The best person to answer that is the state of mind of Justice De Castro," Gadon replied, drawing chuckles from the hall.
READ: Sereno challenges De Castro: Choose your legacy
He added: "Well, your, your honor, your honor please, this incident can be best explained by Justice De Castro. Uhm, I have already laid down in my complaint the incident."
Reporter as intermediate person
During the panel's grilling, Gadon admitted that he has not personally talked to De Castro but was given an assurance from a person he "trusts."
"You have assurance from the person you talked to, not personally from Associate Justice De Castro?" Rocamora asked, stressing: "Who is that again?"
READ: Countering Gadon, Justice De Castro denies giving info to reporter
Gadon said that he will name the person "when we get there," but Rocamora warned: "I hope we will not be wasting our time here."
It was later revealed that Gadon's source is Manila Times senior reporter Jomar Canlas.
The panel said that it will subpoena Canlas to air his side of the story in the next hearing.
"This allegation (draft of TRO as falsified) is based from a secondary source, which was confirmed later on when I investigated, and asked from an, uh, agreement based on authentic records that [were] and based on the reliable information that Justice Teresita De Castro confirmed the report and hat Justice De Castro that she will appear," Gadon said.
Sereno's team of lawyers, yesterday, pointed out that Gadon's admission that his information came from a 'friend' is an effective violation of the hearsay rule.
"Hearsay is evidence of a statement that was made other than by a witness while testifying at the hearing in question and that is being offered to prove the truth of the matter stated," the statement further reads.
READ: SC justices, staff and reporter invited to next hearing on Sereno impeachment
Missing documents?
Rep. Lawrence Fortun (Agusan del Norte) then proceeded to ask Gadon on the documentary evidence in his possession.
Fortun implored if the alleged draft is attached to the complaint.
Gadon replied that it is not, prodding Fortun to ask if he is in possession of any draft as of the moment.
Gadon said that he is not.
"In other words, the allegation that there is a draft sent to the office of the respondent is not based on authentic records," Fortun pointed out.
"No, but it can be confirmed by the Justice De Castro," Gadon replied.
"But we're talking about now, when you made this allegation in your complaint: Is this supposed authentic record, this case, the draft of the TRO—was that already available when you made the allegation?" Fortun asked.
"It was already available your honor, however the clerk of court failed to give it to me, saying that it is not available yet," Gadon countered.
"Have you seen or read the content on the supposed draft of this order when you made the allegation?" Fortun said.
"The fact that it was existing but the Clerk of Court did not provide me a copy. The Clerk of Court said that she can't find a copy," Gadon replied.
P37 million was my "mental calculation"
Gadon also accused Sereno of corruption for failing to declare P37 million professional fee she received as a private lawyer who represented the government in the Philippine International Air Terminals Co. Inc. (PIATCO) case.
Rep. Henry Oaminal (Misamis Occidental) asked him to expound on his allegation.
"I got this information of 745,00 US dollars (equivalent to P37 million) in the documents that was shown to me at the Office of the Solicitor General," Gadon said.
He said that he only made a "mental calculation," since he was not allowed to have a copy.
It was unclear why or how Gadon was in the Office of the Solicitor General and how he has seen a copy.
"They told me that they cannot provide me yet, because what I have seen was not yet final because the documents at that time, pertaining to the PIATCO case, was submitted to the Commission on Audit," Gadon admitted.
"What I have talked here 2004-2009," Gadon said, adding: "So in every year's collection, there is very little error on my part (of calculation)."
Sereno, in an earlier interview with ANC's 'Headstart' said that she only received P30 million in the case, and has indicated it her SALN.
Sereno also said that she received the payment in tranches, and used the money for medical expenses of her loved ones and building the residence of her family.
The House panel will resume the hearing on November 27-29 to tackle the accusations of culpable violation of the Constitution and corruption.
Meanwhile, they would discuss on December 4-6 Gadon's allegations that Sereno committed high crimes and betrayal of public trust.