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Opinion

Petition for quo warranto: Government's Plan B?

WHAT MATTERS MOST - Atty. Josephus B. Jimenez - The Freeman

If it is true that the case for impeachment against Chief Justice Maria Lourdes Sereno is as strong as the ''ayes'' in the House of Representatives, why is it necessary for the Office of the Solicitor General to file a petition for the writ of quo warranto?

Is the filing of such petition by SolGen Joe Calida not an implied admission that the impeachment charges are weak, or is it likely such impeachment being rejected by the Senate, voting as impeachment court? Is that an admission that the impeachment may not get two-thirds vote of the whole Senate? Those who think that the House pro-impeachment guys are not in sync with the SolGen may either be too virginally naive, or were just born yesterday.

While the House of Representative's Committee on Justice Chairman, Congressman (senatoriable) Rey Umali is more certain that the pro-impeachment House members have the numbers in the plenary, he made so many statements, during the hearings, that might have weakened the case for the prosecution. For instance, records show that, many times, Umali told the original complainant, lawyer Larry Gadon(via national television ) that the latter did not have personal knowledge of a number of allegation of facts, and was submitting hearsay allegations. Any freshman law student could tell that hearsay charges cannot stand in a court of law.

Perhaps, the Malacañang boys (of course, Secretary Harry Roque would deny this because the president is distancing himself from the impeachment) have realized that the pro-impeachment groups are not positive on the merits of impeachment because the evidences may not be airtight. That's why the Committee took too long to elevate the charges to the plenary, and ultimately bring these to the Senate. Many keen observers and experts in political and constitutional law, alleged that the House Committee on Justice was engaged in a fishing expedition to gather more evidences, believing perhaps that Gadon's submissions were hurriedly done, lacking in intrinsic merits.

More importantly, there are so many murmurs here in Metro Manila that the pro-impeachment group may not have the numbers in the Senate. Remember, many brilliant lawyers are now in the Upper House-men of wisdom who could not be swayed by the reckless impulses of the maddening crowds: Franklin Drilon (former secretary of Justice and of Labor, former Senate president, a bar topnotcher and law scholar); Francis Pangilinan, Sonny Angara, another bar topnotcher (who is behind bar, no pun intended) Leila de Lima( she could also vote); and Senate President Koko Pimentel, number one in his Bar exams. Also there are independent women who would most likely sympathize with a fellow woman-Senators Grace Poe, Hontiveros, Binay, Villar, and Legarda.

That is why the petition for quo warranto may be the administration's wild card in this exciting game of politics. Let's all wait with bated breath. [email protected]

 

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