The proposal of President Rodrigo Duterte’s Consultative Committee (Con-com) to “split the impeachment powers” between Congress and the Judiciary is like justifying the “unconstitutional deed” of the eight Supreme Court (SC) justices who voted to oust former Chief Justice Maria Lourdes Sereno.
This was the warning of Akbayan Rep. Tom Villarin on Monday.
“The Duterte-appointed ConCom proposal hews closely to what the present Supreme Court has done to Sereno, who was removed by her peers at the instigation of the President’s Solicitor General,” Villarin said in a statement.
“It is like justifying to the public the unconstitutional deed of the eight justices by constitutional fiat via charter change,” he added.
READ: Con-com proposes to make impeachment both a judicial, political process
The opposition lawmaker stressed that the Com-com proposal in effect “violates the separation of powers” between elective officers of the legislative branch that exercises impeachment powers, over the appointive members of the judiciary, which in effect, “splits the process of impeachment.”
“Impeachment requires a specific charge to be made and a public trial through an impeachment tribunal. It is highly unlikely that members of the Court would try to remove each other if collegial and judicial independence is invoked,” Villarin pointed out.
The congressman likewise said that should a “purely judicial” impeachment trial happen, the public would incessantly “be left out in the process.”
“Just like what the highly questionable quo warranto civil action was undertaken under a shroud of secrecy of the SC chambers,” he added.
Under the Con-com proposal, the Senate and House would form a joint body to initiate and review grounds for impeachment, and consequently prosecute. The FCC, meanwhile, would serve as an impeachment court and try the case. /ee