JBC backs Sereno in disqualifying Jardeleza

MANILA, Philippines — The Judicial and Bar Council (JBC) is standing firm in its earlier decision to disqualify former solicitor general Francis Jardeleza in his application for a post at the Supreme Court in 2014, supporting the defense of Chief Justice Maria Lourdes Sereno in one of the impeachment charges against her.

As the impeachment proceedings resume at the House justice committee today, the JBC is set to submit records on Jardeleza’s case to justify why he was excluded in the shortlist for the vacancy in the high court at that time.

SC clerk of court Felipa Anama, who serves as ex-officio secretary of the JBC, will appear in the hearing and specifically submit to the House panel the minutes of the JBC deliberations on June 5, 16 and 30, 2013.

The minutes, copies of which were obtained by The STAR, showed that Sereno raised not only the question on integrity of Jardeleza involving his deliberate exclusion of Itu Aba in the government’s claims in the arbitration case against China over the territorial dispute in West Philippine Sea when he was still solicitor general during the previous administration.

The records, which were not previously made public due to the sensitivity of the charges, also made allegations of “immorality” and the criminal act of insider trading against Jardeleza, which were also raised by Sereno before the JBC.

In the executive sessions of the JBC, Sereno cited the alleged extramarital affair of Jardeleza with another lawyer when he was still an executive of San Miguel Corp. (SMC).

“Chief Justice Sereno stated that the ‘immorality’ issue may refer to the incidents that happened between 2004-2005 when Sol. Gen. Jardeleza was general counsel of San Miguel Corp. and worked with (one of his subordinates) with whom he was reported to have had an affair,” the JBC minutes bared.

The council said the Chief Justice also learned that “many of the SMC lawyers complained about the affair and that there were attempts to cover it up, prompting some of the lawyers (to) just decide to leave San Miguel.”

Insider trading

Sereno also cited an earlier show cause order issued by the Philippine Stock Exchange against Jardeleza for alleged insider trading.

After raising the charges against Jardeleza, Sereno invoked Rule 4 of the JBC that required the council “to take all possible steps to verify the qualifications of the applicants.”

Sereno, ex-officio chair of the seven-member council tasked to screen nominees to judicial posts, also invoked Section 2 of JBC Rule 10 which requires unanimous vote of all members of the council before a candidate with integrity question could be included in the shortlist. She did not vote for Jardeleza.

Another JBC member, lawyer Ma. Milagros Fernan-Cayosa from the Integrated Bar of the Philippines, decided not to vote for Jardeleza for the shortlist after “she had carefully studied, investigated and validated” the issues raised against him, according to the JBC minutes that were also earlier submitted to the SC.

Jardeleza was invited by the JBC to answer the three charges against him and appeared before the council on June 30, 2014. 

But he did not answer questions from members of the council and instead decided to file a petition before the SC.

The high court later granted his petition, allowing him to be in the JBC shortlist. He was eventually appointed associate justice of SC by former president Benigno Aquino III.

Sereno’s action against Jardeleza was among the 27 allegations raised in the impeachment complaint filed by lawyer Lorenzo Gadon, who accused her of culpable violation of the Constitution, betrayal of public trust and other high crimes.

Jardeleza had already testified before the House impeachment panel last month and accused Sereno of treason and disloyalty to the nation by disclosing classified information to the public that allegedly jeopardized the Philippines’ arbitration case against China.

The proceedings will resume today as the House panel is at the stage of determining the existence of probable cause in the charges against Sereno and decide whether to file the case with the Senate as impeachment court.

Apart from Jardeleza, three other SC justices have testified in the impeachment proceedings against Sereno: Associate Justices Teresita Leonardo-de Castro and Noel Tijam and retired associate justice Arturo Brion.

Five other justices invited by the House have reportedly agreed to testify in the next hearings: Associate Justices Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Samuel Martires and Andres Reyes Jr.

Justice Antonio Carpio was initially open to the invite, but changed his mind. 

The House committee on justice headed by Oriental Mindoro Rep. Reynaldo Umali hinted nonetheless that they might issue another invitation to Carpio, the most senior magistrate in the 15-man high tribunal, if and when his colleagues in the committee find it necessary, although the jurist himself said he has “no personal knowledge” on the issues.  

Umali said earlier they may have to extend their original December 2017 timetable to dispense with the impeachment complaint against Sereno, and is looking at terminating the proceedings in February. – With Delon Porcalla