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Opinion

Post QW

PERSPECTIVE - Cherry Piquero Ballescas - The Freeman

Will the Supreme Court’s vote (8-6) to oust Chief Justice Sereno through Quo Warranto (QW) be retained or reversed? Like a teleserye, the whole nation is tuned in to watch how this SC drama will end.

Many question the right of the SC to oust a chief justice based on QW. At the Senate, 14 senators have filed a resolution seeking a review of the SC’s decision.

Who decides to oust members of the SC and for what reason? The 14 senators remind the SC justices that Article XI Section 2 of the 1987 Constitution clearly states that “members of the Supreme Court may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution.”

Did the SC, through the QW, usurp the “exclusive impeachment powers of Congress?” The senators’ resolution cited this constitutional provision: “the House of Representatives has the exclusive power to initiate all cases of impeachment and that the Senate has the sole power to try and decide all cases of impeachment.”

According to the senators, “the Supreme Court’s decision to grant the Quo Warranto petition sets a dangerous precedent that transgresses the exclusive powers of the legislative branch to initiate, try and decide all cases of impeachment.” The SC QW decision also violates the “separation of powers of the executive, legislative and judicial branches of government and the corollary doctrine of checks and balances that ensures their co-equality.”

The Senate is set to decide next Monday on this resolution asking for a review of the SC decision. If the Senate will insist on their constitutionally-mandated impeachment role, will the SC listen to the senators, respect the Constitution and reverse the QW decision to oust Sereno? What if the SC disregards and insists on their decision to remove Sereno? What next?

If the Senate will succeed in retrieving for Congress their constitutional exclusive impeachment power, will the House pass on their case versus Sereno to the Senate? What will happen in Congress, in the Senate?

Coincidentally, as the Senate is poised to tackle the resolution about QW on Monday, May 18, reports are rife that the Senate will also tackle that day a resolution supposedly signed by 14 members of the Senate majority calling for Tito Sotto as senate president to replace Koko Pimentel.

Did Koko Pimentel’s call for a review of the SC QW cost him his senate presidency?

Is the plan to install Tito Sotto of Eat Bulaga as senate president a Duterte-directed move anticipating the strong possibility that the SC may be legally forced to relinquish its unconstitutional decision and role to oust Sereno?

Should Tito Sotto, a TV noontime comedian host still hounded by allegations related to the death of Pepsi Paloma, become the senate president as the Senate sits as an impeachment court? Many netizens have called on all not to miss watching the teleserye about the move to oust Sereno turn into a noontime slapstick circus!

Goodness, how low and how far will this administration go to remove critics, especially female critics? How low and how far will the legislative and the judiciary sink to kowtow to the executive, to Duterte?

Senator Leila de Lima is still awaiting fair trial and solid evidence against her from her accusers. She and Sereno are among Duterte’s severe critics and look at how Duterte and his administration are handling their dissent, their criticism!

Are we still a democracy or has Duterte already relinquished our Constitution and our sovereignty to follow his Chinese benefactors and defenders?

vuukle comment

QUO WARRANTO

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