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Saturday, April 27, 2024

Bring it on!

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Lawyer Larry Gadon, the complainant in the impeachment case against Supreme Court Chief Justice Maria Lourdes Sereno, dared her to “quit her post while she’s ahead.”

Gadon is the epitome of someone who does not seem to know what he’s doing and saying. He just contradicted himself with his latest public statement. To wit: If Sereno is ahead in the House hearing of her case, why then should the chief magistrate resign? From what I have seen in the House hearing covered live by the major TV networks, it is Gadon and his supporters in the House who are having a hard time proving their case. Associate Justices Teresita de Castro, Francis Jardeleza and retired Justice Arturo Brion testified against Sereno at the House hearing. Whether they can maintain their allegations under withering cross examination by the senators remains to be seen.

It would be interesting to see a Gadon-against-Gordon confrontation. Senator Richard Gordon is not the type to mince his words.

Gadon cited the latest Social Weather Stations poll survey showing the plummeting net satisfactory ratings of CJ Sereno. I didn’t know an SWS survey has bearing in a legal case such as an impeachment. What I do know is that when there is a concerted campaign in the media to discredit an official (any official for that matter) it can affect how an official is perceived by the public. Put into play the pollster’s leading question and you elicit a negative response. For example: “Given the accusations against CJ Sereno that were aired in the House hearing, do you think she should resign?” The bigger question is: Who paid for the survey?

This is not in defense of the chief magistrate. If the cabal in Congress, Gadon et al want to impeach Sereno, then by all means just bring it on! Stop this trial by publicity. Do what then House Speaker Manny Villar did—banged the gavel, opened the House session and forthwith declared that the articles of impeachment against former President Joseph Estrada were being sent to the Senate. No fake House hearing, no moro-moro on the pretext of giving Sereno a fair chance to defend herself. Just bring it on at the Senate and let the evidence speak for itself and the chips fall where they may. If the House prosecution panel of Rep. Reynaldo Umali does its job well, we may well see another chief justice taken down by impeachment.

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The peril of this process is that the impeachment fever can also go all the way to the top. Then this country will really be in crisis.

I’m not going into the merits of the case and how the senators-judges will vote. I’m merely counting heads according to political lines. It is Gadon who is prejudging his own case instead of proving it.

The so-called “smoking gun” which would make Sereno vulnerable would be a supposedly fraudulent Statement of Assets, Liabilities and Net Worth. There is a precedent in the case of the late Chief Justice Renato Corona who was unseated because he perjured himself in his SALN.

Gadon, in his confused state of mind, claims the pieces of evidence presented in the House hearing has shown that Sereno is guilty. If so, then the evidence should be brought to the Senate proper impeachment trial.

The problem of Gadon and the House justice panel is that they themselves appear unsure of their case. They want to make it easier on themselves by having Sereno resign. The primary intent of an impeachment case is to remove an erring official of a duly constituted body, the Supreme Court in this case.

Not only is the House panel which will serve as prosecutors in the Senate impeachment trial facing tough questioning from the senators. It might not have the numbers to deliver a guilty verdict. There are 19 senators at present which means the prosecution would need at least 16 or 17 “guilty” votes. I’m not going to predict how the senators will vote and prejudge the case like Gadon did.

But since impeachment is a political process and a numbers game, I can only expect the opposition Liberal Party in the Senate will vote along partisan lines. Minority Floor Leader Franklin Drilon, Senators Antonio Trillanes IV, Risa Hontiveros, Paulo “Bam” Aquino, and Francis Pangilinan will most likely hold their ground. That’s five out of 19 senators leaving only 14 to convict CJ Sereno. Someone said that if there is a crossing of political lines, it would come from the ruling and coalition PDP Laban.

Senators Richard Gordon, Ping Lacson and Grace Poe are known as independent minded. There’s no telling how they will vote. The other senators are Ralph Recto, Chiz Escudero, Sonny Angara, Migz Zubiri, Tito Sotto, Gringo Honasan, Loren Legarda, Joel Villanueva, Koko Pimentel, Manny Pacquiao, Sherwin Gatchalian, Nancy Binay and Cynthia Villar.

The Senate roster was reduced to 19 with the detention of Senator Leila de Lima and the appointment of Alan Peter Cayetano as secretary of Foreign Affairs.

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