Impeachment, quo warranto or resignation
In this season of Lent, Chief Justice Sereno, the first female Filipino lawyer to occupy the hallowed seat of the Supreme Court is at a crossroad, which can make or unmake her career in law and in the administration of justice. She is being pushed to make a crucial decision: Face impeachment proceedings, contest a petition for a writ of quo warranto, or fade away via voluntary resignation.
Each option has its advantages and disadvantages. The Chief should thus weigh her options carefully, and listen to the legal experts in her team. A number of luminaries have various and conflicting opinions on this, thus she should reflect carefully, discern the pros and cons, and make the final decision.
If she chooses impeachment, it is possible the prosecution may not be able to submit substantial evidence to warrant her conviction, and the prosecutors may not get the required two-thirds vote or sixteen senators to convict her. Thus, impeachment appears to be an attractive option for her. However, she and her advisers should be mindful that impeachment can be ''bloody." Her family may not like the dirty linens to be washed in public, and the skeletons in the closets being brought out for the country to know and gossip about. Remember the fate of the late CJ Corona, who was crucified in front of the unforgiving people via national television. The anguish and the bitterness led to his death after he was removed from office dishonorably.
If CJ Sereno opts to face the legal process of the Solicitor General's petition for quo warranto, then she may not win over the petitioners because she will be tried by her peers who have asked for her resignation. Undoubtedly, there is legal basis for such petition. The COA Chair Villar's case is a precedent. Sereno voted to remove Villar via quo warran to, thus she is under estoppel and has no legal right to oppose the propriety of such a legal remedy. She may not choose this option.
The CJ is likewise not inclined to resign. Resignation might be interpreted as an admission of the articles of impeachment. But the beauty of this option is she will be allowed to bow out gracefully with full benefits and with the presumption of innocence in her favor. This was the option chosen by former GMA appointee, Ombudsman Merceditas Guttierrez, during the time of PNoy. This was also the mode of fading away used by PNoy appointee, former Comelc Chairman Andres Bautista during the time of President Duterte.
If I were her close relative, I would advise Sereno to take this option. If I were her enemy, I would urge her to fight either impeachment or quo warranto, or both, because she will be wounded and scarred in the arena of legal gladiators who could be very cruel and unforgiving.
In this season of Lent, let her go on a retreat and find the peace of her soul.
- Latest
