Impeach bids vs. Duterte critics could undermine checks and balances

Impeachment moves against Chief Justice Maria Lourdes Sereno and Ombudsman Conchita Carpio Morales, both President Rodrigo Duterte critics, could undermine government checks and balances, a law expert said Thursday.

"...Ang napuna ko ay mukhang ang mga nai-impeach ay mga lumalaban sa policy ng present administration," former University of the Philippines College of Law Dean Dr. Pacifico Agabin said in an interview on "Unang Balita."

"Kaya po kung matutuloy [ang] impeachment nitong dalawa, si Chief Justice at si Ombudsman, mababalewala po ang tinatawag nating checking function under the principle of separation of powers."

Separation of powers means the three branches of government—the executive, the legislative, and the judiciary—are equal and independent from each other.

Agabin also noted that the allegations against the Chief Justice are only administrative infractions.

Asked for his take on CJ Sereno's argument that the allegations against her are not impeachable offenses, Agabin said, it is a correct opinion.

"Tama rin yun yung opinion na yan po, kasi yung mga bagay na ganyan ay parang administrative infractions lang na hindi naman malaking bagay yung mga allegations doon sa impeachment complaint."

But Agabin also said that he is aware of the fact the impeachment is a political process and basically "a numbers game."

"Problema po ay yung impeachment ay political process, hindi naman judicial o extrajudicial process, kaya po numero ang problema sa kamara. Kaya kung maraming members ng kamara na magboboto rin na maimpeach si CJ, matutuloy din po yun," he said.

Sereno is facing an impeachment complaint over alleged culpable violation of the Constitution, corruption, and other high crimes and betrayal of public trust, which was filed by lawyer Larry Gadon.

The complaint has been found to have sufficient grounds by the House Committee on Justice. The next hearing on the case will be held next month when Congress resumes session.

On the other hand, Ombudsman Morales is expected to face three separate impeachment complaints from different groups.

This, after President Duterte himself said he will file impeachment complaints against both the Chief Justice and the Ombudsman.

Meanwhile, Agabin only has an idea about the motive of the House of Representatives' vote to impeach Commission on Elections Chairman Andres Bautista, which happened hours after he announced his resignation effective by the end of the year.

"Siguro nalaman nila na 'di pala effective immediately yung resignation ni Chairman Bautista kaya tinuloy nila yung impeachment," he said.

The Comelec chief announced his planned resignation, effective December 31, 2017, in the morning of October 11.

Earlier, the House committee on justice dismissed "betrayal of public trust" complaint against Bautista, for his alleged ill-gotten wealth.

But hours later, 137 House members voted against the adoption of the justice committee's report on dismissing complaints against the poll body chief.

The House vote to impeach Bautista came a day before Congress is set to adjourn session.

What's next, Agabin said, is the filing of the articles of impeachment by the members of the House of Representatives, followed by the impeachment trial.

Deputy Minority Leader and Kabayan party-list Representative Harry Roque proposed and submitted four articles of impeachment against the embattled Comelec chief on the same day. —LBG, GMA News