House panel junks impeach raps vs. CJ De Castro, six SC justices

The House Committee on Justice on Tuesday dismissed the impeachment complaints filed against Chief Justice Teresita De Castro and six other Supreme Court justices after it found them insufficient in substance.

The panel voted 1-23 against the approval of the motion of Siquijor Representative Ramon Racamora declaring the impeachment complaints as sufficient in substance.

The finding of insufficiency in substance came a week after the same panel found the complaints sufficient in form.

De Castro, along with Supreme Court Associate Justices Diosdado Peralta, Lucas Bersamin, Andres Reyes, Francis Jardeleza, Noel Tijam and Alexander Gesmundo have been charged with culpable violation of the Constitution and betrayal of public trust over the role in the ouster of former Chief Justice Maria Lourdes Sereno through a quo warranto petition.

Opposition lawmakers Albay Representative Edcel Lagman, Ifugao Representative Teddy Baguilat and Magdalo party-list Representative Gary Alejano filed the impeachment complaints against the justices.

Lagman said the standards on sufficiency in substance have been met by the complaints as there is a recital of facts, ultimate and not probative, constituting the offense charged.

He added that the respondents are associate justices of the Supreme Court which are impeachable, and they are aware that impeachment is the only mode to remove impeachable officials.

"Quo warranto cannot be used as subterfuge to oust a chief justice," Lagman said.

But in arguing against the finding of sufficiency in substance, ANGKLA party-list Representative Jesulito Manalo said the justices merely acted within the means and bounds of the Constitution when they decided on the quo warranto petition filed against Sereno.

Meanwhile, Cavite Representative Strike Revilla said the respondents should not be punished for respecting a co-equal branch by attending its deliberations on the impeachment complaint against Sereno and doing their constitutional mandate.

For his part, Misamis Occidental Representative Henry Oaminal said it is his position that the complaints should be dismissed because while it is sufficient in form, it is not sufficient in substance.

Following the dismissal of the complaints, the House panel will again meet on September 18 for the consideration of their committee report on its deliberations, which will then be submitted to the plenary for approval.

At least one-third of the total number of House members is required in order to approve the panel's committee report.

Lagman asked the committee to allow the complainants to submit a motion for reconsideration within 10 days to urge the panel to review its decision.

But House panel chair Salvador Leachon said Lagman cannot make such motion as he is not a member of the committee.

"The complainant, being not a member, cannot move on a certain motion for consideration of the House Committee on Justice," Leachon said.

"At any rate, you have all the right to submit before this committee your any manifestation for consideration also of this committee in the drafting of the committee report," he added.

Speaker Gloria Macapagal Arroyo earlier said the impeachment proceedings at the House should be expedited so as not to impede with the legislative work at the chamber.

This caused Lagman to fear that the complaints will be dismissed immediately.

Despite this statement, House justice panel chair Salvador Leachon had assured the complainants and the respondents that the complaints will be processed with "utmost impartiality."

Malacañang said Tuesday it respects the decision of the House panel to junk the impeachment complaints against the SC justices.

“We respect the constitutional mandate of the House of Representatives justice committee to vote in that manner,” presidential spokesperson Harry Roque Jr. said.

Lagman believes that the presence of Arroyo in Tuesday's impeachment deliberation prompted lawmakers to vote for its dismissal. —KBK/KG, GMA News