Koko: Sereno impeach trial still possible even if SC goes for ouster via quo warranto

The Senate can still proceed with the impeachment trial of Chief Justice Maria Lourdes Sereno even if the Supreme Court decides in favor of the quo warranto petition against her, Senate President Aquilino Pimentel III said Wednesday.

Pimentel said the scenario is possible if the House of Representatives is able to transmit to the Senate the articles of impeachment against Sereno before the SC hands down its ruling on the quo warranto petition.

He said once the articles of impeachment are sent to the Senate, the chamber will convene as an impeachment court and will have jurisdiction over the case.

“Kung impeachment court na kami, ang tanong diyan if the Senate will recognize the removal of the Chief Justice through a quo warranto. If the majority [of the senator-judges] say that OK, it was a valid removal, then there is no more need to [continue with the trial] kasi impeachment is removal e,” he said.

“If the majority says it is invalid, then from our point of view there is still someone to remove. Tutuluyan namin ang impeachment, magvo-vote kami,” he added.

He said there will be a consultation and caucus.

“Mag straw vote kami doon. Kung sa point of view ng [impeachment] court natanggal na validly, e ang purpose of impeachment is to remove, bakit pa namin itutuloy,” he said.

If SC rules before House transmission

Pimentel said if the SC hands down its ruling before the House transmits the articles of impeachment to the Senate, it is the House that will make the decision if it will push through with the proceedings or not.

“So ang bola ngayon nasa House pa, so tignan natin ang mangyayari. If the SC decides on quo warranto case against the Chief Justice, let’s see if the House will accept the decision and also the people, titignan din natin ang gusto ng tao,” he said.

“Impeaching somebody is autonomous ang House, convicting somebody is autonomous ang Senate. We sit as a court, we are passive until a case is filed. We have to wait for the transmittal of the articles of the impeachment. We have no business convening as a court, talking as impeachment judges kung walang ini-impeach na tao,” he added.

Acting Chief Justice Antonio Carpio earlier said the SC may be able to decide next month on the quo warranto petition filed by Solicitor General Jose Calida questioning the validity of Sereno’s appointment as the country’s top magistrate.

'Circumvention'

However, Pimentel maintained that he is still against the filing of quo warranto petition to oust an impeachable official like Sereno.

“Aking opinyon is the so-called impeachable officials should be removed through a difficult process called impeachment, where the House impeaches, the Senate convicts. If the same impeachable official is removed in different process, isn’t that circumvention? I still raise that question until today,” he said, echoing his earlier words on the matter.

He added that the SC, in its decision, should tackle why it took jurisdiction over the petition. — BM, GMA News