Impeach raps filed vs. De Castro, six other SC justices over Sereno ouster

Opposition lawmakers on Thursday filed impeachment complaints against seven of the eight Supreme Court justices who voted to oust former Chief Justice Maria Lourdes Sereno.

Charged with culpable violation of the Constitution and betrayal of public trust were Justices Teresita de Castro, Diosdado Peralta, Lucas Bersamin, Andres Reyes, Francis Jardeleza, Noel Tijam and Alexander Gesmundo.

Ombudsman Samuel Martires was not included in the complaint because he is no longer an incumbent associate justice of the court. His appointment as Ombudsman was announced July 26.

Complainants in the impeachment complaints include Albay Representative Edcel Lagman, Magdalo party-list Representative Gary Alejano, Ifugao Representative Teddy Baguilat and Akbayan party-list Representative Tom Villarin.

At a press conference after the filing, Lagman said the Supreme Court decision to oust Sereno by granting the quo warranto petition against her "is not only errant, it is also malevolent."

"It is not only bereft of constitutional anchorage, it is also a blatant subterfuge, an orchestrated charade," he added.

According to the lawmakers, the said Supreme Court justices committed culpable violation of the Constitution when they removed Sereno though a quo warranto petition, when knowing fully well that the only mode or process to remove an impeachable official was through impeachment.

Aside from this, the complainants also said a quo warranto petition or any other mode of removal was against the constitutional mandate that Congress has the sole power to remove impeachable officers.

Moreover, in thinking that the word "may" directly suggests that there are other options to remove impeachable officers, the SC justices violated Article XI, Section 2 in relation to Section 3 of the 1987 Constitution, the complainants said.

The seven magistrates likewise culpably violated the Constitution when they usurped the power of the Judicial and Bar Council to process the qualifications of and nominate applicants in judiciary positions, the complainants added.

Meanwhile, De Castro, Peralta, Bersamin, Tijam and Jardeleza were also charged with betrayal of public trust when they refused to inhibit themselves from deciding on the quo warranto petition, despite their supposed "ill will, bias and prejudice" against Sereno.

"[The] unethical ulterior motives induced Justices De Castro, Peralta and Bersamin to oust Sereno. With the removal of Sereno, a vacancy was created in the position of Chief Justice. These justices were expected to vie for said position as in fact they are," the complainants said.

On May 11, the Supreme Court, voting 8-6, granted the quo warranto petition filed against Sereno questioning the validity of her appointment to her position.

The matter was decided while there was an ongoing proceeding at the House of Representatives regarding the impeachment complaint filed against Sereno by lawyer Lorenzo "Larry" Gadon.

Following the decision of the court, the House considered the complaint against Sereno "moot and academic." —NB/MDM, GMA News