Sereno ouster violated Constitution, 'can't happen' in Leonen impeach case -Rodriguez

Deputy Speaker Rufus Rodriguez on Thursday said the ouster of then-chief justice Maria Lourdes Sereno through quo warranto was a violation of the Constitution and "cannot happen" in the impeachment bid against Supreme Court (SC) Justice Marvic Leonen.

Sereno was already facing an impeachment complaint at the House of Representatives when Solicitor General Jose Calida asked the SC itself to unseat her in 2018.

Constitutionalists argued SC justices can only be removed from office through impeachment but the highest Philippine court ruled otherwise, deciding in the landmark case to oust its own chief justice over her alleged failure to file her Statement of Assets, Liabilities, and Net Worth (SALN) for years.

Leonen faces a similar allegation in an impeachment complaint, and Rodriguez said the House justice committee will "ensure that we follow the Constitution this time."

"That cannot happen because the Constitution is very clear. Impeachable officials like Supreme Court associate justices can only be removed by impeachment. And the Constitution is supreme over the Rules of Court, definitely," he said in an interview with reporters.

"And so I believe that it was a mistake for the Supreme Court to proceed with the quo warranto especially because at that time Congress had already been hearing the impeachment," he added.

The lawmaker said Sereno's ouster via quo warranto was a violation of the Constitution. If the House allows it again, "the Congress will abdicate from its duties as enshrined in the Constitution," he said.

"So we expect that 'wag naman. I think the SolGen will not file at this time another one like he has filed quo warranto, against Sereno, against ABS-CBN. So let Congress do its part to be able to comply with the Constitution. Otherwise the Constitution will be dead letter law if that will not be observed," Rodriguez said.

One Edwin Cordevilla of a group called the Filipino League of Advocates For Good Government filed the impeachment complaint against Leonen this week, accusing him of delay in resolving cases and failure to file mandatory wealth declarations when he was a law professor at the University of the Philippines.

The complaint was endorsed by Ilocos Norte Representative Angelo Marcos Barba, a cousin of former senator Ferdinand "Bongbong" Marcos Jr., who has recently failed to have Leonen inhibit from his election protest against Vice President Leni Robredo.

Rodriguez said hearing the complaint this year, with only three sessions left, would be "difficult." Session will resume on January 18.

The complaint cites news reports as basis, which the lawmaker said "ordinarily cannot be used" in the House justice committee's proceedings.

"But the committee can go to the meat of the issue itself, may issue a subpoena duces tecum to require the submission of these from the responsible officials having custody of these SALN," he said.

Leonen has expressed confidence that lawmakers will "do the right thing."

"Certainly, this may not be the time to attend to false issues raised by some for clearly personal or vindictive reasons," he said.

Calida also tried to prepare a quo warranto petition against Leonen this year but the SC rejected his request for the justice's SALNs. -MDM, GMA News