A Court of Appeals (CA) associate justice said she found Chief Justice Maria Lourdes Sereno's instruction on the Ilocos 6 case irregular.
Associate Justice Remedios Salazar Fernando was among the resource persons during the continuation Tuesday, January 23, of the House committee on justice's hearing on the impeachment complaint against Sereno,
Sereno allegedly instructed justices of the appellate court to defy the show cause order then issued by the House against three CA justices who ordered the release of six Ilocos officials from detention. The six officials were detained at the House for contempt in connection with the Ilocos government's alleged misuse of P66.45 million in tobacco funds.
Fernando clarified that she has no personal knowledge on whether Sereno met with the justices in charge of the Ilocos 6's petition for habeas corpus. But she confirmed that Sereno once talked with the associate justices of the CA, excluding the three justices in charge of the case, over lunch.
"I have no personal knowledge about any meeting with the presiding justice and the associate justices of the Court of Appeals except during a luncheon hosted by our former presiding justice on June 23, 2017, after a mass was held in the morning. The Chief Justice was just invited," Fernando told the committee.
Two other meetings regarding the same matter happened prior to said event but it was only with Justice Andres Reyes and not Sereno, according to Fernando.
One of the matters that Reyes raised during the meetings with the CA justices was Sereno's advice to the magistrates to just file a petition before the Supreme Court to question the show cause order of the House, and there Sereno implied that she will make sure that the SC will favor the petition.
"Siya na daw ang bahala and everybody was silent about it," she said.
Asked if she found the instructions of Sereno irregular, she answered: "For me personally because I would not do it."
Perhaps, Sereno's move might also be considered interfering in the business of the CA, said Fernando.
"As the head of the judiciary she was just giving an advice to lower court members. It may not be proper especially the public would hear it," Fernando added. "For me personally, I find it lack of delicadeza or lack of propriety."
In response, Sereno's spokesperson Jojo Lacanilao said there was nothing irregular with Sereno's advice.
"Si Chief Justice po from the beginning, isa lang po ang nasa isip niya, to ensure yung judicial independence ng Court of Appeals at Supreme Court," he said.
Asked if there was anything irregular in her advice to the CA justices, he said, "Wala po kasi siya po ang (None, because she is the) head ng judiciary e."
Citing implications on separation of powers and judicial independence, Sereno and Reyes during the standoff told the House in a joint statement to recall their show cause order directed against CA Justices.
The House good government panel defied the order of the CA, but eventually freed the six Ilocos officials after less than 2 months in detention after their principal Ilocos Sur Governor Imee Marcos attended the committee's hearing on July 25.
The Ilocos 6 are: Pedro Agcaoili, Provincial Planning and Development Office chairperson; Josephine Calajate, provincial treasurer; Eden Battulayan, Provincial Treasurer’s Office staff; Encarnacion Gaor, Provincial Treasurer’s Office staff; Genedine Jambaro, Provincial Treasurer’s Office staff; and Evangeline Tabulog, provincial budget officer. (SunStar Philippines)