House has no basis to order arrest of Sereno, says legal expert

ROMULO MACALINTAL/INQUIRER.NET PHOTO

There is no constitutional or legal basis for the House of Representatives to order the arrest of Chief Justice Maria Lourdes Sereno, legal expert Romulo Macalintal said Tuesday.

Macalintal noted that, if the House Committee on Justice likens its proceedings to a preliminary investigation, the more reason that the House could not serve a warrant of arrest against Sereno if she chose not to attend a hearing.

“If, as claimed by members of the HRJC, that its hearing is akin to a preliminary investigation in a criminal case, then with more reason that a warrant of arrest cannot be issued by said committee against Sereno,” he said.

Citing the rules on preliminary investigation, Macalintal said: “If the respondent (as in this case Sereno), upon being subpoenaed, does not submit his/her counter-affidavit ‘the investigating officer shall resolve the complaint based on the evidence presented by the complainant’.”

He said failure on the part of Sereno to appear during the hearing could be considered a waiver of her right to controvert the evidence presented against her.

As a prosecutor, citing the 1974 case of People vs Madera, Macalintal reminded members of the House of Representatives acting as prosecutors that their “noble task is to prosecute only the guilty and to protect the innocent.” /atm