Gadon files criminal raps vs. Sereno over non-filing of SALN

FILE: Maria Lourdes Sereno (Photo by Supreme Court of the Philippines)

MANILA — Lawyer Larry Gadon on Friday filed a criminal complaint before the Department of Justice against Chief Justice Maria Lourdes Sereno for her alleged failure to file her Statements of Assets, Liabilities and Net Worth (SALNs) for a period of 17 years when she was still a law professor at the University of the Philippines (UP).

Gadon, who is also the impeachment complainant against the chief magistrate before the House of Representatives, said that he filed a complaint affidavit against Sereno for violation of Republic Act 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees) and Republic Act 3019 (Anti-Graft and Corrupt Practices Act).

He said his complaint was based on certifications submitted by the Office of the Ombudsman, UP, and the Judicial and Bar Council (JBC).

In his complaint, Gadon cited that during the impeachment proceedings at the lower house, it was discovered that Sereno only filed SALNs for the years 1998, 2002, and 2006 during her tenure as law professor at the UP College of Law from 1986 up to 2006.

“This is a complaint for her failure to file SALN for a period of 17 years when she was still teaching in UP. I’d like to clarify na this is different from the impeachment case. Sa impeachment case, ang kinukwestyon ay ang hindi pagdeklara ng SALN sa tamang income. Ito naman ay ang hindi pagsubmit ng SALN noong siya ay nagtuturo pa sa UP,” said Gadon.

“For a period of 21 years, tatlong beses lang siya nagsubmit ng SALN, 17 years hindi siya nagsa-submit. This is a criminal act. Dapat niyang panagutan kaya ako nagfile ng case,” Gadon told reporters after his filing before the justice department.

Because of the violations, Gadon claimed that Sereno should not have been accepted as a justice of the SC when she applied for the position.

Sereno became a member of the SC in 2010 and became chief justice in 2012.

“Kung tutuusin hindi siya qualified from the very start (If you look at it she wasn’t qualified from the very start),” said Gadon.

“While it is beyond question that the respondent is an impeachable officer, and therefore, can only be validly removed from office, through conviction in an impeachment proceeding, complainant nevertheless files this complaint before the DOJ in order to effectively toll the running of the prescriptive period for the offenses charged,” the complaint read.

Gadon said that the filing of the complaint is not a “forum shopping” considering that Sereno is facing an impeachment complaint before the House of Representatives.

“Yung impeachment case is about determining the fitness of a public official to retain her position or disposition. Ito naman violation ng batas ito (The criminal complaint filed is about violations of the laws),” he said.

Any government official or employee found guilty of non-filing of SALN under Section 8 of RA 6713 shall be penalized with imprisonment not exceeding five years, or a fine not exceeding PHP5,000 or both, and in the discretion of the court, disqualification to hold public office.

The DOJ and the Office of the Ombudsman have concurrent jurisdiction over cases cognizable by the Sandiganbayan, but it remains to be seen how the department would proceed should it find probable cause to indict her considering Sereno is an impeachable official.

Since Sereno remains immune from suit until she gets impeached, Gadon said he only expects the DOJ to immediately act on his complaint.

“Probably ang mangyayari dito ay pasasagutin lang siya (they might just ask Sereno to respond to the complaint) and it will be on record that the process of investigation will take place. And, then, it will be up to the DOJ if they will issue a resolution or not,” he said.

Gadon said what matters is the complaint was filed before the lapse of the prescriptive period on case filing.

When asked if he should have filed the complaint before the Office of the Ombudsman, the lawyer said the Ombudsman and the DOJ have a memorandum of agreement (MOA) that the DOJ will have concurrent jurisdiction over any complaint filed with the DOJ.

The Ombudsman handles the prosecution of current and former ranking government officials over cases related to their positions.

In a text message, the camp of the chief magistrate said Gadon “knows that he still has nothing on the chief justice after all the underserved attention that this complaint has been given.”

Atty. Josa Deinla, spokesperson for Sereno, said Gadon’s actions “were desperate measures,” adding that the chief justice’s camp remains confident that Gadon “will fall flat doing this latest stunt.”

Gadon, meanwhile, said he is planning to file criminal complaints against Supreme Court officials and employees involved in the alleged anomalous purchase of PHP5.1-million security vehicle, the hiring of an information and communications technology consultant, and the use of the presidential villa during an international conference in Boracay in 2015.

Sereno’s camp had said there was nothing irregular, illegal and extravagant about those transactions.

Gadon, in his impeachment complaint, alleged that Sereno failed to report or include in her SALN the earnings she made when she represented the Philippine International Airport Terminals Co. in the controversial case over the alleged irregularity in the construction of Terminal 3 of the Ninoy Aquino International Airport.

Sereno is also accused of purchasing a brand-new 2017 Toyota Land Cruiser worth PHP5.1 million using public funds.

The impeachment hearing is being conducted by the House Committee on Justice. (PNA)