Senators: Impeachment is the only constitutional way to remove Sereno

Senators insisted Monday that impeachment proceedings is the only constitutional means to remove impeachable officials like Chief Justice Maria Lourdes Sereno amid the petition for quo warranto filed with the Supreme Court by Solicitor General Jose Calida.

Senate President Aquilino Pimentel III said the filing of the petition is “very unusual” and unconstitutional.

“It’s very unusual, because under the Constitution the meaning of the provision literally is that once in a position, the following high ranking government officials can only be removed from their positions through impeachment,” Pimentel told reporters when asked on the matter.

“So if you invent some other proceeding which will result in the removal from office then that should violate that provision in the Constitution,” he added.

Pimentel said he wanted to study first the petition as it is unclear to his mind.

“Pag-aralan mabuti kasi medyo malabo. Sa pagbasa natin sa constitutional provision, ang message that we get is that the only way to remove these high ranking government officials who are so called impeachable officials is through impeachment. Di ba? So all of the sudden there is another way to remove them, eh di where is that found? Malabo under the Constitution,” he said.

Asked on the propriety of Calida in filing the petition, Pimentel said it is the job of the Solicitor General to file and defend cases and contribute to jurisprudence.

“It’s a legitimate act of the office of the Solicitor General. Ang tanong ko lang eh magsu-succeed ba?” he said.

“Hindi mo mapipigil iyan. This is a free country ‘yung mga gray area, legal action, novel legal proceedings, parating mangyayari ito. Ang tanong lang magsa-succeed? Kung obviously unconstitutional dapat hindi mag succeed ‘di ba? Pero yung pagpa-file wala tayong magagawa,” he said.

Fair Senate proceedings 

Pimentel reiterated that the Senate is ready, willing, and able to conduct impeachment proceedings and Sereno will receive fair treatment.

“Ang dapat siguro malaman ng taumbayan kahit na ‘yung mga excited nang paalisin si Chief Justice, na ang Senate ay handa. Basta ‘yung avenue na ‘yun available po rito sa Senado ‘yun. And also to assure the respondent, we will be fair. Kung walang ebidensya acquit yan. Pero kung may ebidensya naman ibang usapan din yun. Pwede ring ma-convict ‘yun,” he said.

Meanwhile, Minority Leader Franklin Drilon expressed apprehension that the moment the high tribunal entertains and rules on the [quo warranto] petition, it will open itself and other impeachable officials to similar petitions.

“Let me express the apprehension that the moment the Supreme Court entertains and rules on this – that it has the power to, in effect, dismiss the Chief Justice – that same rule applies to them,” he said.

“That same rule will apply to heads of various constitutional bodies, including the Commission on Audit, Commission on Elections, the Vice President, and even to the President, because these are all impeachable officers, who can now be subject to a quo warranto petition,” he added.

He said the SC justices must be careful in handling the petition as it can set a precedent.

“This is a slippery slope that can set a precedent. Extra care must be exercised by the Supreme Court. But as I’ve said, the ball is in their court and it is up to them to decide,” he said.

The Senate President agreed with Drilon and said that it will weaken the Senate in the process.

“In effect, it is not only impeachment conviction which removes from office these high ranking officials, meron pa palang ibang paraan. Which is not obvious from the Constitution,” said Pimentel.

Senator Antonio Trillanes IV, for his part, said justices would be exposing themselves to their own impeachment if they will act on the quo warranto petition.

“Ang quo warranto proceedings na ‘yan bawal. Kaya ako pag inaksyunan ‘yan ng Korte Suprema ay inexpose nila ang sarili nila sa impeachment dahil pwedeng gawing basis ‘yan because it’s unconstitutional,” he said.

“Kung balang araw wala na ang administrasyon na ito, madali i-file ‘yang mga ‘yan at the same time ‘yung mag-magreretire naman by then pwedeng gamitin as basis ng graft case kasi bawal e tapos gagawin mo. It serves as a warning,” he added.

He said if the critics of Sereno are confident that they have a case against her, they should present it before the Senate which will convene as impeachment court.

“If you are confident with the evidence that you have against CJ Sereno then present it dito sa Senado at makikita nating lahat ‘yun, back to zero ‘yan regardless of our biases now. Kapag andyan na ang impeachment trial, kapag nakita talagang impeachable ito we will convict, if not we will acquit,” he said.

For her part, Senator Risa Hontiveros said she was bothered that someone from the executive branch of the government filed the petition against an official from the judicial branch.

“Nakakabahala na isang opisyal mula sa executive ay maghahanin ng ganyang reklamo sa ibang branch of government laban sa pinakamataas na opisyal niya. Parang nalalabag ‘yung prinsipyo ng separate and co-equal branch of government,” she said.

She said impeachment remains to be the correct way to seek accountability on erring impeachable officials.

“Nananatiling ang impeachment process ang pinakatumpak at pinakawastong paraan na singilin ng mamamayan ang accountability ng mga impeachable officials kagaya ng isang Chief Justice. Sa tingin ko sa ganyang proseso, dito pa rin sa Senado ang tamang lugar para sa ganyang posisyon,” she said.

She said she does not belittle the SC justices but the Constitution states that it is Congress which handles the impeachment of officials. 

“Hindi ko mamaliitin ang fairness ng ating justices, ang akin lamang ay ayon sa Konstitusyon ngayon ang tamang proseso ay impeachment,” she said.

Senator Bam Aquino urged the critics of Sereno to let Congress do its job.

“Nakakabahala po na yung napakalinaw na proseso sa ating Konstitusyon, iniiba po ang ginagawang proseso. Sana po, mas maganda, hayaan na lang po ang Kongreso, hayaan na lang po ang Senado na gawin ang trabaho namin,” he said. — RSJ, GMA News