Koko Pimentel: Quo warranto would circumvent rule that only Senate can act as impeachment court

Senate President Aquilino Pimentel on Thursday maintained his stand that the quo warranto petition filed against Chief Justice Maria Lourdes Sereno is a shortcut to remove her and a circumvention of the Senate's constitutionally mandated duty to act as an impeachment court.

“Ang aking personal na tingin diyan, pag sinabi mong Senate has the sole power to act as impeachment court, ano ba ang purpose? So that when you convict, you remove an impeachable official. Ngayon kung quo warranto, if it will end in the removal of an impeachable official, are you not circumventing that principle?” Pimentel said in a phone interview with reporters.

Article XI of the Constitution states that members of the Supreme Court may be removed by impeachment, and that the Senate has the sole power to try and decide all cases of impeachment.

“Napaka na-shortcut ang buong impeachment process na ang korte na ang nag-impeach, ang korte na ang nag-convict, kasi ang ending noon removal,” he added.

The Senate leader said the chamber will still prepare to be convened as an impeachment court.

He said even though the Supreme Court hands down its decision on the quo warranto petition, Sereno can still file an appeal.

“Una sa lahat kahit na magdesisyon ang SC, pwede pa mag-motion for reconsideration ang respondent e, ‘yung Chief Justice so most likely pending pa rin ‘yan pagdating ng Mayo di ba,” he said.

“Sa tingin ko darating pa rin ‘yung time na ita-transmit na ng House [of Representatives] sa Senate kahit na magdecide ang SC kasi may right na mag-MR ang respondent e, so dapat maghanda na ang Senate kasi wala nang iwas,” he added.

The House of Representatives justice committee has approved the articles of impeachment against Sereno. These will be submitted to the plenary for action when session resumes in May.

Earlier in the day, acting Chief Justice Antonio Carpio said the SC may be able to decide next month on the quo warranto petition against Sereno.

“We hope to decide on it as soon as we can. By next month we should be able to decide on it,” Carpio said in an interview with reporters at the Quezon City Hall of Justice. — BM, GMA News