MANILA, Philippines — Justice Secretary Vitaliano Aguirre II said that Chief Justice Maria Lourdes Sereno told him to “tone down” his letter requesting the transfer of cases against arrested members and supporters of the Maute group from Cagayan de Oro City to Taguig City.
Aguirre testified before the House justice committee Tuesday to shed light on the accusation that Sereno caused the “50 to 52 days” delay of the high court’s action on his request to transfer the cases to Metro Manila.
The justice chief said Sereno told him to revise his letter of request during their meeting at the chief magistrate’s office last June 19.
“She told me that I need not emphasize anymore the dangers facing the judges and prosecutors and instead focus my letter on the fact that transferring the detainees or the trial to Taguig would free the military to focus their attention in fighting the Maute,” Aguirre said.
He noted that in his letter dated June 19, Aguirre heeded the request of Sereno by not citing the dangers that judges and prosecutors might face.
Aguirre, however, said that it was improper for the chief justice to ask him to “tone down” his letter.
Aguirre said he wrote five letters to Sereno—May 29, June 13, June 14, June 19 and July 3— but his request was only granted on June 27. The resolution was only released on July 18.
“If the dates I mentioned were correct, the request was finally granted after the lapse of 50 days on my part. The computation of Atty. [Larry] Gadon about 52 days after I first requested the same on May 29, 2017,” the justice secretary said.
Aguirre cited security concerns of those conducting the investigation and the lack of detention facilities among the reasons why he requested the transfer of cases outside of Mindanao.
However, the SC last June 6 assigned the Cagayan de Oro Regional Trial Court to hear, try and decide all cases and incidents in connection with the Marawi attacks.
Aguirre said it was not reasonable or justifiable having the Maute cases tried in CDO, which is near Marawi City.
Gadon’s impeachment complaint claimed the Sereno delayed the issuance of the resolution because she failed to get a majority vote on her desire to keep the Maute cases in Cagayan de Oro City “to the detriment of the service.”
“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,” the complaint alleged.
Sereno denied this accusation saying it was false and based on hearsay.
Sereno explained her position on the matter in the reply to the impeachment complaint she earlier submitted to the House, claiming that detaining the Maute members at Camp Bagong Diwa in Taguig, which is a few kilometers away from urban centers, “may have a substantial effect on the economy and on public safety.”
“Any supposed ‘delay’ in the resolution of Administrative Matter 17-06-02-SC was due to the need to coordinate among the SC, PNP, AFP and DOJ with respect to the security and logistics issues associated with the request for transfer of venue,” Sereno’s reply stated.
Sereno also said she was the justice-in-charge of Aguirre’s request, contrary to Gadon’s claim that it was Associate Justice Tijam.
Justice committee chair Rep. Reynaldo Umali suggested that Tijam be invited to the impeachment hearing to clarify the system of raffling cases.