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Sereno camp: This is a sad day for justice
FILE: Chief Justice Maria Lourdes Sereno (Photo by Supre Court of the Philippines)
Chief Justice Maria Lourdes Sereno’s camp reacted to the House of Representative’s denial of their motion for her lawyers to cross-examine witnesses in the impeachment proceedings.
“This is a sad day for justice in this country that the Chief Justice, who has fought steadfastly to uphold the Constitution and the right of the citizens, has now been denied her own constitutional rights,” Jose Deinla, one of Sereno’s lawyers said.
In a 30-4 vote, the Lower Chamber junked the request for Sereno to be represented by her counsel and grill witnesses to determine the cause of the allegations against her.
While this was the case, Deinla was still hoping for Sereno to have her “day in court.”
“The Chief Justice is eager to defend herself consistent with her rights and looks forward to her trial before the Senate, where is hopeful her rights will be fully respected,” he said.
According to Deinla, there is a mistake in the committee’s decision as it violates Section 13(2) of the House Rules of Procedure Governing Inquiries in Aid of Legislation. It states that “the participation of counsel for the witness during the hearing and while the witness is testifying shall be limited to advising on the legal rights of the said witness.”
“It is difficult to understand how this rule can defeat the rights of the Chief Justice to counsel when this right is enshrined not only in the very Rules or Procedure on Impeachment but in the Constitution itself that is read into such rules,” Deinla said.
The lawyer stated that cross-examination through counsel is not just part of the due process but it will serve as an aid for the committee to find out the truth.
He also compared the impeachment proceeding to a criminal trial, saying, “As such, she (Sereno) has the rights of an accused in criminal cases or of a person under investigation which includes the right to cross-examination through counsel.”
The top magistrate is accused of not declaring all her wealth and practicing an extravagant lifestyle by lawyer Lorenzo Gadon.
