Maria Lourdes Sereno
Chief Justice Maria Lourdes Sereno need not personally appear at the House of Representatives for the hearing of her impeachment case on Nov. 22, according to Albay Rep. Edcel Lagman.
The opposition lawmaker said it was enough that Sereno be represented by her counsel.
“The Chief Justice can effectively and legally appear through her counsel on record who could also cross-examine the complainant and his witnesses on her behalf,” Lagman said in a statement.
He said he did not agree with House justice committee chair Reynaldo Umali that Sereno should personally conduct the examination of witnesses herself.
Right to be represented
“Both the Constitution and the House rules on impeachment, strengthened by entrenched jurisprudence, accord a respondent in an impeachment case, which is akin to a criminal prosecution, the right to retain a counsel of her choice and the corollary right to have her counsel conduct the cross-examination,” Lagman said.
He said Umali’s opinion that the Chief Justice herself must conduct the cross-examination “is an utter derogation of the respondent’s right to counsel, who is not a useless appendage in the proceedings.”
Sereno’s camp had insisted on her right to be represented by her lawyers in questioning her accusers, arguing her presence was not needed.
The House justice committee will deliberate next week on Sereno’s motion asking the panel to allow her lawyers to cross-examine witnesses on her behalf.
The panel has invited her to appear at the hearing.
Umali’s committee will test whether there is probable cause to impeach Sereno after finding the complaint sufficient in form and substance, and determining it has sufficient grounds.