Sereno: SC is an independent court
Video by INQUIRER.net’s Ryan Leagogo
MANILA, Philippines–Ranged against a President seemingly threatened by the power of the Supreme Court, Chief Justice Maria Lourdes Sereno reaffirmed the oath she took two years ago: The court’s loyalty lies in the Constitution and it will uphold its independence no matter who is “inconvenienced.”
In a rare three-hour meeting with the media on Thursday, Sereno called on the public to keep its faith in the judiciary, saying its strength was rooted in public trust.
“It is always important for me to uphold the independence of my office on a daily basis,” she said. “It is important that people see that the Chief Justice has the Constitution first and foremost on her mind, and her devotion to duty and her loyalty to country is always unquestioned.”
“It should be clear to everybody that the Supreme Court could only be loyal to the Constitution,” she emphasized, and added: “The judiciary is strong if the people believe in it.”
Sereno spoke hours after President Aquino—who has been critical of the judiciary’s rejection of his Disbursement Acceleration Program (DAP)—reiterated on radio his openness to Charter change if only to keep the judiciary’s powers in check.
Aquino has also called on the court to show greater transparency in the disclosure of the justices’ statements of assets, liabilities and net worth (SALNs).
This was after the magistrates rejected a request from Internal Revenue Commissioner Kim Henares for copies of their declarations of wealth as part of an investigation into alleged corruption in the tribunal.
Sereno gave no direct response to that.
“I have enormous respect for the President and I’m sure he also respects the office of the Chief Justice,” she said. “The professionalism with which I conduct myself must be consistent. I do not read anything into his (Aquino’s) statements.”
CJ sets example
Sereno said she hoped to stand up to what her position demanded.
“I am the chief of all the lawyers of this country … If I say by any measure that I am hedging, then what is the message I am telling our young lawyers? The Chief Justice is a leader because she is setting an example of courage and conviction,” Sereno said.
Sereno was dressed in pink and wore her hair down when she spoke before a panel of 16 media representatives.
Taking questions, Sereno several times spoke of the importance of judicial independence but she steered away from political questions.
She emphasized the importance of remaining a “depoliticized Chief Justice” despite the highly political implications of the decisions emanating from her court.
For Sereno, a chief magistrate must be “somebody who does not add to the confusion but rather one whose “devotion to duty adds stability to the system.”
No bullying
She maintained such a stance when asked about criticisms that the high court’s actions in striking down the initiatives of the Executive constituted “bullying” and whether she felt the President’s criticism was “counterbullying.”
“Bullying does not exist right now,” Sereno said.
“What I am, what we are is an independent court, and that should remain the way it is,” she said. “We are going to assure our people that … that our independence will be maintained to the end.”
DAP decision
“At the end of the day, we can be seen as a people who do not give in to pressure, if there is pressure as you say… which I’m not admitting,” Sereno said.
CJ HOLDING COURT Chief Justice Maria Lourdes Sereno fields questions from journalists at a press briefing in Intramuros, Manila, in the wake of attacks on the Supreme Court from the House of Representatives and President Aquino. RAFFY LERMA
She defended the court’s decision on the DAP, without making reference to the case still on appeal.
“The repercussions and reactions … are already beyond the control of the judiciary, meaning it should not shirk from its constitutional duty even if it may result in inconvenience,” Sereno said.
“Does it have therefore a duty to mend ties with whatever party the inconvenience has surfaced? I think you already know the answer to that,” she said.
She said the high court’s decisions were intended to serve as an enduring guide in the reading of the law.
“I hope people will appreciate the fact that when a decision is made, it is for the long term,” she said. “It will survive presidency after presidency after presidency, if it involves the use of presidential power.”
Judiciary budget
Sereno minced no words and said she was not satisfied with the funding support the judiciary had been receiving.
She noted how the proposed 2015 national budget “is terribly balanced against us,” with the budget request for the judiciary accounting for just .777 percent of the P2.6-trillion national budget.
The judiciary had asked for a P32-billion budget but the Department of Budget and Management (DBM) cut this to about P20.25 billion when it was presented to Congress.
The DBM is on the receiving end of the high court’s DAP ruling, with Secretary Florencio Abad found to have possibly circumvented budget regulations intentionally to implement a supposedly illegal program.
Aquino’s allies in Congress have also proposed to scrap the Judiciary Development Fund.
Judicial reforms
Sereno said the low allocation for the judiciary stood to hinder efforts for judicial reform, such as the expansion of the electronic courts program and the continuous trial system, which aims to expedite court proceedings and decongest the country’s clogged trial courts.
“I am not content with what they gave us, that’s why we are trying to make a strong case. It will be difficult to sustain (reform programs) in the long run. We don’t want to stop midstream,” Sereno said.
She said the court was looking to tap other sectors to attract investments in the judiciary, such as the business community. She also appealed to the national government and Congress for support.
“You have to see that it is in your best interest to support the judiciary,” she said. “It cannot even fund its own ambitious reform programs. If it cannot do that, support must come from the two other branches.”
Jardeleza appointment
She also addressed the apparent divisions in the high court, with the entry of a new Aquino appointee, Associate Justice Francis Jardeleza. She had opposed Jardeleza’s inclusion in the short list of nominees over an integrity issue.
Sereno said it was a matter of constitutional duty that she raised such an objection, apparently anchored on a complaint by Associate Justice Antonio Carpio over Jardeleza’s handling of the Philippines’ arbitration case against China over disputed territories in the South China Sea.
“It is the constitutional duty of that person the moment that person is convinced that there is a basis to raise such an objection,” she said.
Sereno also confronted questions about the high court’s guidelines in the disclosure of SALNs.
Lifestyle check
She said the wealth of magistrates was “no mystery” and that the high court had been transparent enough in releasing the required documents containing very detailed personal data of the magistrates, down to their home addresses and the number of their vehicles.
She said she had proposed a “voluntary lifestyle check” among justices but this would require deliberations.
“Give it a little rest,” she said. “It’s just been two years. You need consensus from (moving from) a period of nondisclosure (before her time) to disclosure.”
Sereno again defended the court’s decision rejecting Henares’ SALN request.
“I am not against what you want. It is simply a process we have to arrive at deliberately, not my decision alone,” Sereno said when asked why the court was implementing “special” guidelines in the disclosure of SALNs.
Probe of corruption, not gossip
Sereno also assured the public that the Supreme Court continued to investigate corruption in the judiciary, no matter how painful such a housekeeping might be.
The court is investigating allegations of corruption against Sandiganbayan Justice Gregory Ong, accused of having ties with alleged pork barrel mastermind Janet Lim-Napoles, and other lower court magistrates charged with selling court decisions in exchange for hefty payouts from a certain “Ma’am Arlene.”
“The public must expect that we will do more of these investigations, even if in the short run it is hurtful to us,” Sereno said.
“I have not known any institution in any society in history that has been able to do an honest to goodness housecleaning without pain. It destroys even personal relationships. The judiciary must be the first one to show an ability to withstand this kind of pain,” she said.
She called on those with evidence of corruption in the judiciary to come out, citing how several anonymous, unsubstantiated claims had reached her office.
“If you know about corruption in the judiciary, don’t just send us an anonymous letter without evidence,” she said. “The call for the members of the bar is to stop complaining if you can’t stand by it. Nothing will come out of it but just gossip.”
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