Koko: 'Inventing' ways to oust impeachable officials may be unconstitutional

MANILA, Philippines — "Inventing" other processes to remove impeachable government officials violates the constitution, Senate President Aquilino “Koko” Pimentel III said on Monday.

Speaking to reporters, Pimentel said that the Senate would be weakened if the Supreme Court grants the quo warranto petition filed by Solicitor General Jose Calida questioning the appointment of Chief Justice Maria Lourdes Sereno, as that would show another way to remove impeachable officers "not obvious" in the 1987 Constitution.

Pimentel urged Calida to carefully study his petition and clarify the arguments there. He said it is unclear where this power to remove an impeachable officer would come from.

"Under the constitution, once in position, the following high-ranking government officials can only be removed from their positions through impeachment," the Senate president said.

"If you invent some other proceeding that should result in their removal from office, that would violate the provision in the constitution," Pimentel added.

Pimentel said that they would stick to the principles of the constitution as they are worded in the document. He clarified that Calida is within his power and function to file the petition.

"You cannot prevent it. This is a free country. Gray area, legal actions, novel legal proceedings. It always happens. The question is if they will succeed. If it is obviously unconstitutional, it should not succeed, right? We can't do anything about the filing," he said.

"We also weaken the Senate in the process," he said of the petition. "In effect, it's not only impeachment which removes these high-ranking officials, there is another way which is not obvious in the constitution."

Senate assures fair trial

On Monday, Calida filed his 34-page petition questioning the legality of Sereno's appointment to the country’s top judicial post after supposedly failing to meet the Statement of Assets, Liabilities and Net Worth submission requirements of the Judicial and Bar Council.

Sereno's spokespersons maintained that only the Senate could remove an impeachable officer like the chief magistrate.

Pimentel also reiterated his assurance to Sereno that she will be given a fair trial at the Senate if the House of Representatives votes to impeach her.

"To assure the respondent, the chief justice, we will be fair. If there is no evidence, she will be acquitted. If there's evidence, that's a different matter. She can be convicted," he said.

The Senate president also stressed that the chamber is "ready, willing and able" to conduct an impeachment proceeding against Sereno should the House find probable cause in the complaint filed by lawyer Lorenzo Gadon.

Gadon, who has ties to allies of President Rodrigo Duterte, is accusing Sereno of culpable violation of the constitution, betrayal of public trust and living a lavish lifestyle.