NUPL: Public trust the real loser in reported Supreme Court spat
February 28, 2018 | 5:17pm
The National Union of Peoples' Lawyers said if it is true that Supreme Court justices forced Chief Justice Sereno to go on indefinite leave, they "have practically impeached their colleague, instead of letting the process take its course in accordance with the Constitution." SC PIO release, file
MANILA, Philippines — A reported confrontation among Supreme Court justices over making Chief Justice Maria Lourdes Sereno go on leave will further weaken the Filipino people's faith in the courts, a lawyers' group said on Wednesday said.
"The losing party here...is the residual faith of the people in unresponsive institutions whose roles are being wilted away, willingly or unwillingly, to de facto authoritarianism," the National Union of Peoples' Lawyers said in a statement.
The group lamented that media reports, citing unnamed sources, on the "confrontation" that ensued among justices on Tuesday's en banc "[expose] the widening cracks" of the judiciary, as an institution and as a branch of government.
One of the pending petitions at the SC, led by Chief Justice Maria Lourdes Sereno, is the appeal challenging the constitutionality of President Rodrigo Duterte's drug war.
If reports are true, the NUPL said, the SC's integrity and respect for the Constitution took a hit "because of political designs, personal considerations, or convenient acquiescence to the dark side."
READ: No date on Sereno's return to office yet, her camp says << https://www.philstar.com/headlines/2018/02/28/1792200/no-date-serenos-return-office-yet-her-camp-says>>
At noon Tuesday, news broke out that Sereno had been forced to go on an indefinite leave by her fellow Supreme Court justice.
Her camp was quick to refute the reports, saying that the chief justice was merely advancing her scheduled "wellness leave."
According to reports, the magistrates raised the issue of Sereno's missing Statement of Assets, Liabilities and Net Worth when she applied for the chief justice position in 2012.
This was revealed in the House of Representatives impeachment proceedings on the complaint filed by Larry Gadon, although not part of the lawyer's impeachment complaint.
Several justices also attended the hearing as resource speakers. The justices' testimonies were among the rare instances the magistrates spoke in public, as their voices are only usually heard through their decisions.
Observers have pointed out that their testimonies seem to prove that there was growing animosity within the court, as the justices aired grievances on Sereno's leadership and questioned her appointment to the position.
'Justices impeached their colleague'
The NUPL also pointed out that if reports bear true, "the said justices have practically impeached their colleague, instead of letting the process take its course in accordance with the Constitution they swore to uphold and to stand as supposed symbols of law and justice."
"If reports are accurate, we seriously regret that the concerned justices have prejudged the impeachment proceedings that is yet to be concluded at the House of Representatives or of a possible trial in the Senate," the NUPL also said.
Sereno's announcement of leave coincided with the House's last hearing on the determination of probable cause in Gadon's complaint. The justice panel will vote on the case next week.
Jojo Lacanilao, one of Sereno's spokespersons, said that the justices should resolve their conflicts among themselves.
"Let them resolve that, as a third branch of government. There are processes, our justices have their hearts and minds to resolve this," Lacanilao added.
Lacanilao said that Sereno's team is anticipating the trial at the Senate where as respondent, she will be able to lay her defenses and cross-examine the witnesses against her.'
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