Wherein 2016 Duterte revealed himself to be very defensive about the war on drugs, and therefore ready to attack anyone at all — including the Chief Justice — for putting it into question, in 2017 he was on a roll, blaming practically everything on the Supreme Court, and specifically on Sereno.

He continued to be hung-up on the judiciary imposing TROs on government projects, even when early on Sereno had clarified that there were very few such TROs. He started stating as fact the allegations against Sereno detailed in Larry Gadon’s impeachment complaint. He insisted that Sereno was part of a plot to oust him from the Presidency, alongside the Left, the Dilawan, the Ombudsman, and Trillanes.

Talk about Presidential paranoia.

Here’s how Duterte’s men in the House of Representative decided to give him Sereno’s head on a silver platter. 

Jan 25 2017: Sereno issues a statement on the war on drugs given the results of the World Justice Project (WJP) Rule of Law Index: “Despite all of the positive things (gains in judicial reforms) and even greater potential gains, we have to face the reality of the daily accounts of unsolved killings, many of them committed brazenly with public warnings against drug pushing or addiction.”

Jan 29 2017: Sereno responds to Duterte’s insistence that the judiciary is issuing too many TROs on government projects by pointing out the falsity of the President’s claim. According to Sereno, “the high court and the Court of Appeals have issued only one TRO each against infrastructure projects since 2012 and 2013, respectively.”

May 16 2017: Pushing for China deals, and his build build build program, Duterte addresses the judiciary and repeats his insistence that TROs are unnecessary for government projects that he has approved. He threatens to disobey the TROs, calling it a corrupt practice.

“I am now addressing myself to the judiciary, do not, do not for Christ’s sake, do not play with TROs. Kapag ganoon, TRO ka ng TRO, I am telling you, do not force me to disobey you. Kasi alam ninyo na ginagamit iyan ng negosyo eh na kapag matalo, takbo agad, the project gets stalled. It is in the doldrum. Huwag ninyong gawin iyan mag-aaway tayo. Sigurado iyan. I am pleading to the Supreme Court to control–pati sila, alam nila ang raket na iyan, iyang TRO TRO, pati iyong sa gobyerno.

“We are on the edge. Hindi ako papayag ng ganoon because it is plain corruption. Sabi ko sa inyo ayoko ng korapsyon sa gobyerno… Alam ko na pera pera iyan. Kaya huwag ninyong gawin iyan sa akin, mapipilitan akong sasalubungin kayo legally. I hope it would not go beyond legal boundaries.

“You are there to interpret the law. Do not decide for us kasi kami iyong naghanap ng pera, kami rin papatakbo ng proyekto tapos kayo diyan magti-TRO knowing fully well that it is a corrupt practice. Stop it. <…> You would paralyze government. Magmukha akong tanga sa tao. Matatapos nalang ako, na-TRO pa.”

May 27 2017: A day after declaring Martial Law in Mindanao, defensive Duterte surfaces, taking jabs at the Supreme Court even as it had yet to even begin deliberations on his declaration. He discredited the institution and questioned whether or not it had the right to decide on the legality of his declaration:

Until the police and the armed forces say the Philippines is safe, this martial law will continue. I will not listen to others. The Supreme Court, Congress, they are not here. Are they the ones dying and losing blood, bleeding, hemorrhaging because there is no help, no reinforcement? It’s not them. The Supreme Court will say they will examine into the factual (basis). Why I don’t know. They are not soldiers. They do not know what is happening on the ground.”

June 2017: Duterte threatens to lift Martial Law if the Supreme Court votes against it, but threatens to re-declare it ala Marcos and no one can stop him.

“I will withdraw and, if anything goes wrong, mag-declare ulit ako ng martial law the second time around. If that rebellion burns Mindanao and the other parts of the Philippines then I’ll be forced to declare martial law again, this time I would do it on my own to preserve my nation. I will not consult anybody and there is no telling when it would end. It could be a copycat of Marcos, wala akong magawa.”

July 2 2017: Duterte threatens to jail critics / the Supreme Court if they stand against Martial Law in Mindanao.

“It’s not dependent on the whim of the Supreme Court. Should I believe them? When I see the situation is still chaotic and you ask me to lift it? I will arrest you and put you behind bars. We can talk of anything else and make compromises maybe but not when the interest of my country is at stake.”

July 2017: The Supreme Court affirms Duterte’s declaration of Martial Law over all of Mindanao. CJ Sereno (along with Benjamin Caguioa) voted to limit the declaration to “Marawi City and the rest of Lanao del Sur, Maguindanao, and Sulu.”

July 24 2017: Duterte falsely blames the Supreme Court for the TRO on Reproductive Health.

I hope the Supreme Court will not be offended because this is all true. Mag-TRO ka ng Reproductive Health. Batas na ‘yan eh. So when the batas is out, government prepares. Last administration ‘to. But still it is right. They buy the medicines in preparation for the implementation. Ngayon, may mag-TRO. ‘Pag TRO mo, nag-expire na lang ang medicine kasi ang TRO mo two years ‘yun. How… What do you call that?

It does fall into the 3019 Republic by your negligence… You caused by your negligence or your delay causes damage to [government?]. And there was law. Graft and corruption law. Republic Act 3019.

So sino ngayon ang graft and corruption sa Pilipinas? Tayong lahat. O, sino ‘yung maghusga ngayon sa akin na, “Ikaw Duterte mag-graft—“

At his State of the Nation Address, Duterte calls TROs the bane of government projects: “Itong TRO has been the bane of projects. Tapos yang TRO na yan would delay projects… Just give me a few, say 10%, ganun ang ugali ng Pilipino, kaya yang TRO na yan is the bane of our efficiency.”

Early Aug 2017: FIRST IMPEACHMENT COMPLAINT. Volunteers Against Crime And Corruption (VACC) deliver an impeachment complaint against Sereno to the House of Representatives accusing her “of granting travel allowances to her staffers even allegedly without the approval of the court en banc.” In January 2018, the head of the VACC was appointed by Duterte to head a Presidential Anti-Corruption Commission.

Early Aug 2017: SECOND IMPEACHMENT COMPLAINT. Delivered by lawyer Larry Gadon to the HoR, this alleged that the CJ bought a sports utility vehicle that was “immodest and extravagant,” that she wanted it bullet-proofed which hiked up the cost of the vehicle, that she excluded information from her SALN. Gadon is President of Constitutional Reformers to Federalism, a pro-Duterte organization.

Aug 15 2017: The Supreme Court en banc approves Gadon’s request for documents pertaining to Sereno’s travels since 2012.

Late Aug 2017: Sereno responds to impeachment talks against her: “Alam mo, ‘yan ang masarap sa malinis ang konsensya … it does not affect me.”

Aug 29 2017: Duterte falsely accuses Sereno of being responsible for the TRO on contraceptives, even as Sereno had clarified in July that this was not in the hands of the SC but now with the FDA.

Alam mo itong mga Justice sa Supreme Court, wala akong problema. But the way things are being run, kagaya nitong sa contraceptive. Dumaan na ‘yang ilang expert eh tapos sabihin ni Sereno na it’s a — it causes abortion. And yet, nagbili na tayo ng medisina, expecting that it would, you know, be needed by government to — para maumpisahan na. And until now, it’s two years ago, nag-expire na ‘yung medisina, Sereno is sitting on it. What’s the problem, ma’am? Gumastos na tayo, bumili na tayo ng medisina tapos nag-expire na lang.

Early Sept 2017: In separate instances, the impeachment complaints of the VACC and Gadon against Sereno are endorsed in the HoR. In mid-September, the VACC complaint is junked for insufficiency in form.

Sept 13 2017: Speaker of the House Panty Alvarez proclaims power to impeach given the HoR’s supermajority, but is uncertain about the Senate: “Sa totoo lang, kung halimbawa, gusto lang namin i-impeach yung isang impeachable official, madali yun, may signatures lang na kailangan. Nasa majority kami, kaya lang, pagsampa niyan doon sa impeachment court, magmumukha kaming tanga doon. Ayokong mangyari naman ‘yun.”

Sept 13 2017: Gadon impeachment complaint against Sereno is found to be sufficient in form and substance by Duterte’s Congressmen in the House Justice Committee. This, even when it was pointed out that the complaints were based on hearsay and newspaper clippings.

NOTE: September 29, Duterte declares that he will get “subpoena powers” so that he can subject the Office of the Ombudsman to his “independent” commission. “If I do not have the subpoena powers, then I will apply for a subpoena powers from the courts…Pag hindi kayo sumipot, I will order the police and the military to arrest you.”

Sept 30 2017: Duterte, angry at the Ombudsman’s investigation of his wealth, unleashes his monster-self and dares CJ Sereno and Ombudsman Conchita Carpio Morales to resign with him:

“I challenge the two. We will go to Congress in a simple ceremony. We sign the letter of resignation. Sige nga. Then let us open all the books, pati inyo. Kung magsalita kayo ng! — Hoy, hindi ako mamatay pag hindi ako Presidente. I said, I challenge you to [resign] — kami man nagpapagulo. Ngpapagamit ‘yang dalawa e. Eh di, mag-resign tayo.”

Oct 2 2017: Spokesperson Ernesto Abella confirms Duterte’s paranoia: “The President believes the Supreme Court Justice and the Ombudsman have allowed themselves to be used by certain political forces to discredit him and his administration in order to spark public outrage and eventually oust him from the Presidency. In other words, he finds them suspect.”

Oct 4 2017: In a conversation with media in Malacañang, Duterte is his usual petty self, drawing connections among Sereno, the Ombudsman, the left, the Dilawan, Trillanes.

He declares as fact the allegations of Gadon against Sereno:

Duterte also declares that there will be another impeachment complaint against Sereno other than what’s been filed by Gadon.

And in classic Duterte pettiness, when he was asked about how an impeachment complaint against Sereno and Carpio Morales is an attack on the system of checks and balances in government, he responds: “Sila ‘yung nauna eh. I did not start this ruckus.”

Oct 20 2017: Duterte declares he is “against the CJ and the Ombudsman.”

Oct 23 2017: Sereno’s lawyers submit a motion to the HoR Justice Committee to let them face witnesses against the Chief Justice, asking the panel to “recognize her constitutionally guaranteed rights to be represented by a legal counsel and to confront the witnesses against her through lawyers representing her.”

Early Nov 2017: Spokesperson Roque, the voice of Malacañang and alter-ego of Duterte, calls upon the CJ to resign “if only to spare the institution from further damage” because he thinks “the judiciary can survive another decision to remove another sitting chief justice.”

Asked whether his call for Sereno to resign reflects the sentiment of President Rodrigo Duterte, Roque said: “Of course.”

Rep Tom Villarin calls out Roque, saying that he was conditioning the public to believe Sereno guilty, when she had yet to be given her day in court. “Is Malacañang conditioning the public’s mind that CJ Sereno is guilty? She was not even allowed to have counsel do a cross-examination of the complainant. Now they are in a hurry to convict her through public pressure and using even the Supreme Court’s standing to justify such call.”

The Chief Justice’s camp releases this statement: “The (Chief Justice) needs to face the impeachment proceeding precisely to preserve the dignity and independence of both the Supreme Court and the Office of the Chief Justice.”

Nov 7 2017: Roque declares the Supreme Court the “weakest part of the government.”

Dahil ang Supreme Court naman po, bagama’t kinikilala natin siya na co-equal branch of government, katunayan niyan siya ang pinakamahina na parte ng gobyerno, ang kanyang kapangyarihan ay nanggagaling sa perception na siya ay tagapagtupad ng Saligang Batas. Pero malinaw na malinaw po na kung matatanggal naman ang pangalawang Chief Justice, naku parang mahihirapan na makabalik as co-equal branch of government ang ating Hudikatura.

Nov 20 2017: Sereno speaks on the impeachment complaint:

If they can do this to the Chief Justice —fabricate charges—I’m not saying that, but some say—if they can do this to the Chief Justice and deny her of her basic constitutional rights, who is safe in this country?

If a Chief Justice, who can be accused of these allegations which are even false, will be removed from office, is there any judge or justice in this country who is safe? Is the judiciary safe? And if the judiciary is not safe, is democracy safe?

Nov 21 2017: In a conversation with media, Duterte is asked about the Sereno impeachment hearing that was to start the following day in Congress.

PRESIDENT DUTERTE: Alam mo, sinabi sa akin merong narinig na si Sereno, “Duterte is out to…” Ha? Ako raw? She can ask anybody, I guarantee you. I‟ll make a guarantee, magtanong siya diyan kung may nilapitan ako na sinasabi ko, “Impeach niyo si Sereno,” except the public. ‘Yung I reacted because of the so many complaints for coming in — from the justices themselves, the way she conducted… But that was it.

Ma’am Sereno, I’m sorry to tell you and you can investigate the whole town and i-commission mo lahat ng mga journalists who are good at investigative journalism, kung may kinausap ako na tao about your impeachment.
Ikaw ‘yan nandiyan eh. Ako, I just echoed, kagaya ng travel. Sabagay ako nagta-travel, pero hindi naman tayo pwede lahat maging Presidente eh. Kung gusto mo palit na lang tayo.

NOTE: November 21, the oral arguments on the drug war also started at the Supreme Court. 

Nov 22 2017: Duterte’s men in the Justice Committee in the HoR disallows non-members from asking questions during the impeachment hearing. ACT Teachers Rep Antonio Tinio: “Hindi ito ang unang impeachment na ginawa ng Congress. Kahit sinong member, basta interesado, pinapahintulutang magtanong whether pro or against. Pero ngayon lang nangyari sa Kongresong ito na pinagbawal ang non-members ng justice committee na lumahok at mag-participate.”

Nov 22 2017: Duterte’s Congress Reps deny Sereno the right to cross-examine witnesses at the Justice Committee hearings on her impeachment, a right enshrined in the Constitution. Chairperson of Justice Committee, Duterte’s Man Rep Umali insists that only Sereno herself can do the cross examination.

Nov 23 2017: Gadon admits in the HoR hearing that he “did not personally know the circumstances nor possess authentic records of the charges” against Sereno, even getting “confirmations” from “go-betweens.”

Late Nov 2017: The Supreme Court allows four justices and employees to appear in the Committee on Justice hearing.

Dec 2 2017: SoH Alvarez “encourages” Sereno to resign:

“Kung magreresign nga siya, so talagang titigil kasi wala na tayong ini-impeach. Ngunit kung hindi siya magreresign ay patuloy pa rin yung pag-gather natin ng ebidensya ukol doon sa mga alegasyon na nasa complaint ni Atty. Gadon.

“Siguro manood na lang tayo ng committee hearing, dahil doon naman lumalabas yung talagang mga ebidensya. Mayroong mga nagtetestigo doon sa mga hindi nga tama na pamamaraan sa pagpapatakbo ng Supreme Court at siguro maging objective na lang tayo dahil nga gumagawa lang sila ng issues na wala namang kaugnayan doon sa mga charges.”

 

Click here for Part 1, 2016 of the CJ Sereno VS Duterte, Timeline to Impeachment.