De Lima insists not all of her testimonies are hearsay

MANILA, Philippines—Justice Secretary Leila de Lima claimed personal knowledge of at least two instances surrounding the alleged irregularities in the November 15 issuance of the temporary restraining order (TRO) by the Supreme Court.

De Lima made this assertion on Thursday after the Senate, sitting as an impeachment court, dismissed as hearsay her testimony about the alleged irregularities of the TRO based only on the dissenting opinion of Supreme Court Associate Justice Lourdes Sereno.

“My testimony on those internal matters is indeed hearsay because I was never present. But these resolutions are a matter of judicial notice and there are aspects of the accounts of Justice Sereno which I can say I have personal knowledge,” she told the Senate.

De Lima said she has personal knowledge on Sereno’s claim that the Supreme Court’s spokesman, Midas Marquez, “misrepresented” the voting on the TRO.

“In a sense, I have personal knowledge also when she (Sereno) said she has a December 2 opinion but was supressed or not allowed to be released. The Secretary of Justice indeed did not receive any such dissenting opinion kasi pinigilan nga raw po (because its release was apparently being stopped). So in a sense, I have personal knowledge,” she said.

De Lima had to make this assertion when after narrating the instances surrounding the issuance of the TRO, Senator Ferdinand “Bong-Bong” Marcos Jr. stood up and pointed out that her narration of the story “falls into the category of hearsay.”

Senate President Juan Ponce-Enrile, presiding officer in the impeachment trial, earlier ruled that de Lima’s allegation about the irregularities in the TRO was hearsay because it was only based on Sereno’s dissenting opinion.

Despite this, de Lima repeated the allegation when Senator Franklin Drilon asked her to elaborate her previous statements that Chief Justice Renato Corona has ascendancy over other justices in the Supreme Court.

The Justice Secretary pointed out that based on the internal rules of the high tribunal, the Chief Justice does not only have the sole power to order or direct the immediate inclusion of any matter in the agenda but he also gives the final approval of the resolutions of the court.

“Siya rin ang nag-aaprove ng draft minutes at siya ang nagbibigay ng final approval sa paglalabas ng mga resolutions kasama na ang mga minute resolution and extended and unsigned resolutions (He is the one approving draft minutes and he is also the one giving final approval in the release of resolutions including the minute resolution and extended and unsigned resolutions),” said de Lima.

She then again pointed out the alleged irregularities of the TRO based on Sereno’s dissenting opinion and the supposed pronouncements of the high court ruling by its spokesman, Midas Marquez.

“Sa tingin ko po, maneuvering of the internal actions of the Supreme Court para lang mapaboran ang isang party ng kaso (We believe it’s maneuvering of the internal actions of the Supreme Court to favor a certain party in the case),” De Lima added.