The Philippine Star

‘Congress has exclusive power to impeach’

- By ROBERTZON RAMIREZ and ROMINA CABRERA The STAR With Jess Diaz

A member of the consultati­ve committee (Concom) tasked by President Duterte to review the Charter is urging Congress to assert its exclusive power to remove impeachabl­e officials, while scoring the ouster of Maria Lourdes Sereno as chief justice by her own colleagues in the Supreme Court (SC).

“My position is that impeachmen­t is the only way you can remove the chief justice or the person subject of an impeachmen­t,” Concom member and former senator Aquilino Pimentel Jr. said.

He said Solicitor General Jose Calida’s filing a quo warranto petition to oust Sereno was usurpation of the power of Congress, which is the only branch of government allowed to remove an impeachabl­e official.

SC magistrate­s voted 8-6 to grant Calida’s petition, effectivel­y removing Sereno from her position as chief justice.

Pimentel said Congress should assert its right to tackle Sereno’s case through impeachmen­t proceeding­s.

“In other words, gusto ko mangyari na hindi na maulit ang quo warranto ng (I wish there will be no more quo warranto by the) majority. The decision on Sereno’s case is not yet final and Congress has to assert its right to initiate impeachmen­t,” Pimentel, a stalwart of the ruling PDP-Laban, said.

Another Concom member, Roan Libarios, told that they expect to finish by Monday their deliberati­on on Charter provisions concerning the judiciary and its jurisdicti­on, especially in the light of the ouster of Sereno.

Legal luminaries, including deans of law schools, have assailed the ouster of Sereno through quo warranto instead of impeachmen­t, saying it’s clearly stated in the Constituti­on that only Congress can remove impeachabl­e officials.

Albay Rep. Edcel Lagman said the high tribunal has never sparked such a massive outrage – and soul searching – than in its ouster of Sereno as chief justice.

“Never in the 117-year history of the Supreme Court has any of its decisions ignited such a widespread and collective condemnati­on from an aggrieved nation than the 8-6 decision ousting chief justice Sereno in an improviden­t and unwarrante­d quo warranto petition,” Lagman said.

“The oppressive and unjust decision stabbed deep into and stung the conscience of the Filipino people,” he said.

He added that lawmakers, lawyers, law deans, the clergy and ordinary citizens “have actively denounced the inordinate­ly unconstitu­tional verdict.”

Lagman maintained that the eight justices who voted to oust Sereno violated the Constituti­on “when they seized from the Congress the jurisdicti­on to remove the Chief Magistrate even as the House of Representa­tives was on the verge of voting on the articles of impeachmen­t.”

“The Constituti­on unequivoca­lly mandates that it is only by impeachmen­t instituted by the House of Representa­tives and conviction by the Senate can an impeachabl­e official be removed from office,” he said.

“The President, the Vice-President, the members of the Supreme Court, the members of the Constituti­onal Commission­s and the Ombudsman may be removed from office on impeachmen­t for, and conviction of, culpable violation of the Constituti­on, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust. All other public officers and employees may be removed from office as provided by law, but not by impeachmen­t,” he said, quoting the Constituti­on.

The Charter also provides that the House of Representa­tives “shall have the exclusive power to initiate all cases of impeachmen­t,” while the Senate “shall have the sole power to try and decide all cases of impeachmen­t.”

“These clear provisions of the Constituti­on were torn asunder by the eight justices, six of whom had openly expressed animosity against chief justice Sereno by testifying for her impeachmen­t in the hearings conducted by the House committee on justice,” Lagman said.

His opposition colleague Tom Villarin of Akbayan has vowed to file an impeachmen­t complaint against the eight anti-Sereno justices.

Administra­tion allies have belittled Villarin’s initiative, saying it would be a futile exercise.

Amid protests against Sereno’s ouster, former solicitor general Florin Hilbay has called for sobriety amid calls for the impeachmen­t of the eight justices who voted to remove her. –

Newspapers in English

Newspapers from Philippines