[av_one_full first min_height=” vertical_alignment=” space=” custom_margin=” margin=’0px’ padding=’0px’ border=” border_color=” radius=’0px’ background_color=” src=” background_position=’top left’ background_repeat=’no-repeat’ animation=”]
[av_heading heading=’ ABOVE THE LAW ‘ tag=’h3′ style=’blockquote modern-quote’ size=’30’ subheading_active=’subheading_below’ subheading_size=’15’ padding=’10’ color=” custom_font=”]
BY AYIN DREAM D. APLASCA
[/av_heading]
[av_textblock size=’18’ font_color=” color=”]
THE WOMAN on the highest position in the judiciary broke down her goals for the department – from building the infrastructure to creating reform agenda that addresses inner concerns like court congestion and delays, corruption and the independence or fiscal autonomy of the judiciary.
Who is she? Of course, none other than Chief Justice Maria Lourdes Sereno. This woman of the bench has stimulated the judiciary with her honest revelation of the Supreme Court’s inner workings. And for her, the way to handle power is to set limits. She definitely knows her paradigm of power.
If that is the case, the big question now is: Why is it that many are already expecting an impeachment case against the Chief Justice? Because according to them, she betrayed public trust and has undeclared earnings. Mostly of the grounds for impeachment cited have to do with here unilateral decision inside the Supreme Court.
The most recent contention was some of her actions not approved by the en banc or the full court, including allowances for her staff, and the appointment of the Philippine Mediation Center (PMC) head.
I will not give my opinion on this matter but rather a glimpse of the issue and how impeachment work. Been there, done that. Yes, we have been here and have done this before during the Corona impeachment. We want the best for our country. Let’s make the rule of law flare up this time. And at the end of the day, you will be enlightened by how the rule of law works.
The 1987 Constitution lays down rules to make some top officials, including the President, Vice President, and Supreme Court members, among others, accountable through the impeachment process.
Section 2, Article XI of the Constitution says that the President, Vice President, members of the Supreme Court, members of constitutional commissions, and the Ombudsman may be removed from office via impeachment.
Any member of the House of Representatives can initiate a verified impeachment complaint. Any Filipino citizen may also file a complaint, which should be endorsed by a House member. At least one-third of House members may likewise file a verified complaint or resolution of impeachment.
An impeachment complaint can be filed on ground of culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, and betrayal of public trust.
A verified impeachment complaint should be filed with the Office of the Secretary General of the House. It would be immediately referred to the Speaker. Within 10 session days from receipt, the Speaker shall include it in the House’s Order of Business.
After inclusion, the complaint should then be referred to the House committee on justice within three session days after.
After conducting hearings, the justice committee should file, within 60 days from referral, a formal resolution to the House plenary regarding the impeachment complaint. If there is probable cause, the committee will also submit a resolution setting the Articles of Impeachment.
The Senate will try and decide all cases of impeachment in a full-blown trial. In case the President is on trial, the Chief Justice of the Supreme Court will preside over the proceedings.
If two-thirds of Senate members vote to convict an impeachable official as outlined in the Articles of Impeachment, he or she will be removed from office.
Whether or not the allegations against Sereno are true, her impeachment has serious implications on the Supreme Court as an institution. She is, after all, slated until 2030 to serve as Chief Justice, and will work with two more Presidents after Duterte.
Now you know what the issues are and what happens during impeachment cases/trials. Whatever happens happen for a reason. At least, if history repeats itself again, you now have the knowledge to analyze and evaluate the situation. And I hope that paradigm of power, not only in the judiciary, will be assisted well.
(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)
[/av_textblock]
[/av_one_full]
