Fact check: Did the JBC psych test say Sereno is mentally ill?

MANILA, Philippines (Originally published on March 9, 2018) — Rep. Reynaldo Umali (Oriental Mindoro), chair of the House justice panel, said that one of the strongest grounds they found to impeach Chief Justice Maria Lourdes Sereno is her "psychiatric qualification."

Of the 27 "impeachable acts" cited by Larry Gadon in his verified complaint, what has gained significant attention was Sereno's supposed low rating in the psychological examination conducted by the Judicial and Bar Council.

Claims of Duterte's spokesperson

Presidential spokesperson Harry Roque, in an Facebook interview on Friday, said that he'd rather not comment on Sereno's current woes as "she seems to have something wrong in her head."

"Alam mo, ayaw ko na sana sagutin 'yan kasi sabi nung psychologist na nagbigay ng test sa kanya sa JBC ay medyo merong tama... kung pagbabasehan ng mga psychological test itong si CJ," Roque said.

(You know, if I could, I would not answer that because according to the psychologist who gave her a test in the JBC is that there is something wrong with her...if we will base in on the psychological test.)

In his interview with a Duterte supporter posted on Friday, Roque did not identify the psychologist he was referring to.

Which psychologist?

At its 15th impeachment hearing, the House justice panel tackled Gadon's claim that Sereno is unfit for the position due to her low score in the JBC-administered exam.

For the deliberation, the House invited psychiatrists Genuina Ranoy and Dulce Lizza Sahagun who conducted the exam on Sereno in 2012, and clinical psychologist Geraldine Tria, who served as an "expert" on the matter.

At the public hearing, Ranoy and Sahagun refused to divulge the results of the psychological examination, and asked for an executive or closed-door session. They cited patient-doctor confidentiality.

The House granted the request, and held an hours-long private discussion. Tria also attended the session.

After the executive session, Tria publicly told the panel that she would not recommend Sereno to the chief justice position, but her basis could be deemed scant and second-hand.

Tria admitted having assessed Sereno after reading recent and older news reports, Manila Times articles citing unnamed sources, and listening to public and closed-door House discussions.

Without having interviewed the chief magistrate herself, Tria claimed Sereno showed five of nine symptoms of "mental disturbance."

She was similarly not the psychologist tapped by the JBC to conduct the exam on Sereno.

No such thing as passing or failing a psych exam

Sereno scored a 4, the second lowest score in the range of 1-5 in the JBC psychological exam. But stressing on this result is at best misleading and at worst, misused.

This was the conclusion of the Psychological Association of the Philippines, which released a statement days after the hearing.

"[A] psychological assessment is often conducted for a specific purpose, and should only be used for that purpose. To use a psychological assessment conducted in 2012 (which was for the purpose of Sereno's appointment) for the current legislative proceedings is a misuse of those results," the professional group said.

They continued: "Even if psychological test results become public documents, this does not grant permission for anybody to use it for any purpose other than its original intent."

The JBC has repeatedly stressed that there is no passing or failing mark in the its psych test. Maria Milagros Fernan-Cayosa, of the JBC, said at an earlier hearing that the council "couldn't really understand what 1, 2, 3, 4 (grade) mean."

Assessment methods

The Psychological Association of the Philippines similarly warned against so-called professional recommendation built on weak grounds or methods.

A psychologist employs several methods for assessment such as an interview, observation, standardized norm-referenced tests and relevant information tools.

"If a psychologist bases his/her assessment on only one of these methods, or from second-hand reports, then conclusions about 'mental disturbance' based on alleged symptoms that indicate such a condition are misleading, if not inaccurate," PAP said.

Still, the group maintained its independence from the impeachment proceedings against the embattled chief justice. It said it only seeks to educate "members of our discipline and the public about our profession and practice."

Matter of ethics

In voting 38-2 to move the complaint forward, the House justice panel on Thursday failed to identify which of the 27 supposed impeachable acts and grounds they determined to have "probable cause" for Sereno's possible ousting.

READ: Umali: We have established probable grounds to oust Sereno

The committee also decided to make public records and documents brought up in the executive sessions. These incude the controversial psych test.

Members of the Philippine Congress stand to signify their vote at the House of Representatives in metropolitan Manila, Philippines, Thursday, March 8, 2018. AP/Aaron Favila

The camp of Sereno, however, insisted that the JBC's psychological exam is immaterial in an impeachment.

The House had "no business no business scrutinizing the result of the psychological exam... because it did not constitute grounds for impeachment under the Constitution.

International guidelines in psychological testing forbid the use of tests for "unintended consequences."

Also to be avoided is "doing harm or causing distress to those involved in the testing process" and divulging test results identifying the test taker.