‘Aghast’ a significant word uttered by Supreme Court Associate
Justice Teresita Leonardo-De Castro yesterday when she testified against Chief
Justice Lourdes Sereno’s impeachment case.
In an oxford dictionary, ‘Aghast’ was defined as “filled
with horror or shock,” or synonyms for ‘appalled’, ‘dismayed’ or even ‘stunned’.
A veteran columnist and writer, Yen Makabenta, tackled the
essence and significance of De Castro over the impeachment complaint.
Mr. Makabenta, on his column asked, “What did CJ Sereno do
that was so ghastly to the only other female justice of the high court?”
He then discussed two ghastly actions of CJ Sereno, check
out the column’s part below;
Two ghastly actions
by the CJ
First, CJ Sereno misrepresented an en banc resolution by the
high court concerning the creation of a Regional Court Administrative Office
(RCAO) in Region 7, and proceeded on her own to replace it with a Judiciary
Decentralized Office (JDO) in the same region. In the process, she skirted the
legislative authority of Congress and without consulting with the other members
of the court.
She deceptively presented the JDO as the same as the RCAO,
which the court had authorized by an en banc resolution.
In his impeachment complaint, lawyer Lorenzo Gadon charged
that Sereno had falsified the SC resolution in order to bypass the Office of the
Court Administrator (OCA) in the administration of the regional office, so she
could appoint officials to the unauthorized office.
Neither the JDO nor the RCAO exist today, as a result of
Sereno’s erratic actions.
Second, CJ Sereno bypassed a recommendation by the
member-in- charge, and unilaterally issued a temporary restraining order (TRO)
concerning the party-list elections at the Commission on Elections, on which
the Senior Citizens party had petitioned the high court in order to stop the
proclamation of winners.
Justice de Castro was assigned to serve as the
member-in-charge of the party-list case. She studied the case and duly came up
with a recommendation that the court issue a TRO on the Comelec.
Without consulting with her, CJ Sereno decided to issue a
TRO on her own and ignored De Castro’s recommendation. Sereno’s TRO turned out
to be a blanket order to the elections body, and covered cases that were not
involved in the petitions of the Seniors party.
In the irregular issuance of a TRO. The chief justice
violated the SC’s internal rules and its principle of collegiality in its
decisions.
Creating an office
without authority
De Castro was invited to shed light on Sereno’s alleged
unilateral issuance of Administrative Order (AO) 175-2012, which designates the
head of the Judiciary Decentralized Office (JDO) in the seventh judicial
region.
De Castro said that when Sereno issued the AO, it appears
that she created a permanent office. “The chief justice cannot create an office
because it is a legislative power,” she said.
House Majority Leader Rodolfo Fariñas supported her
assertion, saying that “not even the Supreme Court can create an office.”
De Castro pointed out that the RCAO is not a permanent
office. “Even if it was created by the court, it was a pilot project, it is an
ad-hoc body. It has no permanency,” she said.
“So, it may not come with the exclusive legislative power
vested upon us,” she added.
De Castro said the associate justices were not consulted by
Sereno in the opening of the RCAO 7.
“We were taken aback because we were invited only to a
launching of the RCAO 7 and we were not at all consulted to participate in this
decision,” she said.
This prompted De Castro to look deeply into the matter; she
found that the chief justice had issued AO 175-2012 designating the head for
the JDO in the seventh judicial region. “This is not meant to implement the
RCAO as approved by the court en banc unanimously,” she said.
De Castro likewise confirmed the allegation that Sereno
issued the resolution in Administrative Memorandum No. 12-11-9-SC, on the
opening of RCAO 7, without the en banc’s consensus.
She said the resolution was ratified without reflecting the
“vehement objection” raised by the justices during the deliberations of the
court en banc.
The lady justice was also praised by many after establishing
a memorable line, “To be truthful is to be just.”
During her testimony, De Castro even avoided criticizing
Sereno’s actions. She was clear and concise. She came prepared, supported with
documents.
Source: Manila Times
Source: Manila Times
0 Comments