No it can’t – senators

MANILA, Philippines — Senators from the minority bloc warned yesterday that efforts to oust Chief Justice Ma. Lourdes Sereno through modes other than conviction by an impeachment court are unconstitutional and a “brazen usurpation” of Congress’ exclusive power to prosecute and try impeachable officials.

Senators Francisco Pangilinan and Antonio Trillanes IV, in separate statements, referred to reports that some SC justices were working on having Sereno removed owing to her failure to file complete statements of assets, liabilities and net worth (SALN) and other alleged legal infractions.

“Any attempt to remove the Chief Justice through a process other than impeachment is unconstitutional. It will be a brazen usurpation of the exclusive power of Congress under the Constitution,” Trillanes said in a statement.

“May I remind these justices that any unconstitutional act they commit now, can be used as a ground for impeachment against them later on under a different administration,” he warned.

He said the justices who will be retired by the time a new administration comes into power can be prosecuted for graft.

Sereno went on indefinite leave last week following an agreement with the rest of the SC magistrates after months of impeachment hearings in the House of Representatives.

The chief justice apologized to her colleagues after she earlier announced that her leave was only for 16 days.

The House committee on justice, which heard the impeachment complaints against Sereno, is expected to vote on the cases against her and may recommend her impeachment or junk the complaints against her.

Pangilinan, who is also the president of the Liberal Party, said the allegations against Sereno on her failure to file her SALN may not be as strong as some may believe them to be.

Pangilinan said if one is going to be strict in interpreting the Constitution, there is nothing in it that requires the filing of a SALN to be a member of the SC.

He noted that the Judicial and Bar Council (JBC), of which he was a former member, recommended her appointment to then president Benigno Aquino III without any mention of SALN filing.

“But of course the JBC can come out with other rules. But if you will ask me, there is no other way to remove an impeachable official but through impeachment,” he told radio station dzBB.