Monsod: Senate should assert its power on removal of chief justice

MANILA, Philippines — It is now up to the Senate to assert its constitutional mandate as the only body with the power to remove a chief justice, one of the members of the 1986 Constitutional Commission said Thursday.

Christian Monsod, one of the framers of the constitution, said on Thursday: “Senate should protest because the exercise of Supreme Court civil action is a derogation of the powers of the Senate, who co-opted this process.”

Monsod was one of the speakers at the Integrated Bar of the Philippines forum on the SC ruling in Republic v Sereno that resulted in the ouster of Chief Justice Maria Lourdes Sereno.

Monsod stressed: “We are facing a constitutional crisis and it is up to other institutions of government to uphold that Constitutional process."

He said that it was the Senate that was “hurt” when the SC asserted that they have jurisdiction over the petition of Solicitor General Jose Calida that removed Sereno as head of the Judiciary.

READ: Sereno on Duterte vow to quit if proven he had hand in ouster: Resign

“The people are watching what they will do,” Monsod added.

As of Thursday morning, at least 13 senators have signed a resolution questioning the landmark SC ruling. While a copy of the resolution has yet to be made available to the media, Senate Minority Leader Franklin Drilon said that it will be an expression of the Senate body that the quo warranto petition as an ouster of Sereno is inconsistent with the Constitution.

Resolutions do not have the force of law.

READ: 13 senators back resolution questioning SC ruling on quo warranto

The historic ruling reaped strong opposition from the legal profession, from lawmakers, and from human rights advocacy groups.

They argued that under the 1987 Constitution provides that a chief justice may only be removed through impeachment—a power vested in Congress and not the Supreme Court.