‘We are fed up with the lies, deception’

MANILA, Philippines — As the House committee on justice wrapped up its discussions on the impeachment complaint against Chief Justice Maria Lourdes Sereno, panel chairman Oriental Mindoro Rep. Rey Umali yesterday made a parting shot by calling her announcement to take a leave of absence “full of lies and deceit.”

Apparently anticipating a tedious Senate impeachment trial, Sereno said she is taking a 15-day “wellness leave” beginning tomorrow.

“We are fed up with lies, we are fed up with deception,” Umali said.

“It is indefinite leave,” he manifested at yesterday’s impeachment hearing, which was the last.

“I hate to say it, but this is because the SC en banc forced her into it. She was forced to go,” Umali added. “We have seen here a continuing pattern of lies and deception.”

But he said the development is “welcome news” to the people, and “will give her time to reflect on what would be best for the judiciary which she heads.”

Also yesterday, the Umali panel directed the Judicial and Bar Council to submit – or face contempt – the psychological evaluation performed on Sereno when she applied for the post in August 2012.

“This is now the impeachment committee issuing this directive requiring you to submit the records. Please comply lest we would be constrained to cite the members of the council in contempt if you fail to heed this request by this impeachment committee,” Umali warned.

He addressed the order to JBC member Maria Milagros Fernan-Cayosa, who has repeatedly refused the committee’s request, citing the “confidential” nature of the document.

Two of the psychiatrists who conducted the psychological tests on Sereno – Genuina Ranoy and Dulce Liza Sahagun-Reyes – said they too do not have a copy of the results of the test they did on Sereno.

The two, along with fellow psychiatrist Geraldine Tria, have expressed willingness to divulge the contents of the psychological evaluation only in an executive session.

 “We’re willing to cooperate. But we only have reservations with regard to the doctor-patient relationship because what we did was a medical evaluation,” Ranoy said, in reaction to Umali’s remarks that such privilege doesn’t apply in the case.

The psychiatrists have not responded yet to Umali’s advising them to seek “legislative immunity” to shield them from possible retaliation from Sereno. “I think it will be to your best advantage to ask for it,” he said.

Sereno’s camp stressed there was no need for the committee to scrutinize her psychiatric record.

“Congress’ concerns about removal from office should focus on the specific grounds stated in the Constitution, and the psychological report is not one of them. Expanding and redefining the grounds for impeachment is itself a violation of the constitutional provision,” lawyer Jojo Lacanilao said.

‘Deficiencies’

Also at yesterday’s hearing, deputy Bureau of Internal Revenue (BIR) commissioner Arnel Guballa said Sereno’s tax records indicated she has accumulated tax “deficiencies” of at least P2 million from the P30.3 million in legal fees she declared in her government law practice from 2004 to 2009.

“If we sum it all, the estimated basic tax deficiency is amounting to – just an estimate – P2,014,233.20. That is the estimated basic tax. So if we put the surcharge and interest, it can grow bigger,” he revealed.

He disclosed to lawmakers that their investigation showed that the legal fees earned by Sereno from the Philippine International Air Terminals Co. Inc. (Piatco) case amounted to P32.4 million.

Lorenzo Gadon, who filed the impeachment complaint, claimed Sereno earned P37 million.

Guballa said this was the “basic tax deficiency” they found when Sereno helped the Office of the Solicitor General (OSG) in the arbitration proceedings against Piatco, builder of the Ninoy Aquino International Airport Terminal 3.

He said Sereno’s liability arose from her alleged “underpayments” of value-added taxes.

The BIR official likewise divulged that the chief magistrate committed six violations in the filing of value-added tax returns, which is made on a quarterly basis under the National Internal Revenue Code.

“We have noted on a quarterly basis, there are six times, six violations that we noted some under-declarations from 2005 to 2009, before she became an associate justice when she was earning her income as a professional, as a lawyer. There are six counts,” Guballa said.

He added that most discrepancies also came from her VAT filing.

When asked by Rep. Eugene Michael de Vera of party-list ABS if Sereno could be considered to have committed tax evasion, he answered the affirmative.

“Because under the code, 10 years ang prescription period, 10 years upon the discovery of fraud,” Guballa replied.

Senate Majority Leader Vicente Sotto III said Sereno would most likely have until the last week of July or after the State of the Nation Address (SONA) of President Duterte to prepare for her impeachment trial.

Sotto based his projection on the congressional calendar, which shows that Congress would be on break from March 24 to May 13.

Regardless of when the House would actually transmit the complaint, Senate President Aquilino Pimentel III said that the chamber would be ready to convene as an impeachment court.

Pimentel said the Senate is now in the thick of preparations for an impeachment trial.

“Yesterday, I have authorized that we should now order our robes. Our lawyers are now finalizing our impeachment rules, I have asked them also to study the layout of the court for trial. So we are getting ready, anticipating,” Pimentel said.

Among the matters that the Senate would have to thresh out is the question of how many votes are required from the senator-judges to convict Sereno.

Pimentel said that two-thirds vote of all the 23 remaining members of the Senate or 15 is needed for a conviction.

However, Senate Minority Leader Franklin Drilon said that 24 could very well still be the basis, even though former senator Alan Peter Cayetano is now foreign affairs secretary.   –  Edu Punay, Marvin Sy