Four lawmakers file impeachment complaints vs 7 SC associate justices

August 23, 2018

Four  lawmakers Thursday filed an impeachment complaint against impeachment complaints against seven Supreme Court (SC) associate justices at the House of Representatives.

Albay Rep. Edcel Lagman, Magdalo party-list Rep. Gary Alejano, Ifugao Rep. Teddy Baguilat, and Akbayan party-list Rep. Tom Villarin accused Justices Teresita de Castro, Diosdado Peralta, Lucas Bersamin, Andres Reyes, Francis Jardeleza, Noel Tijam, and Alexander Gesmundo of culpable violation of the Constitution.

The seven justices allegedly took away the powers of Congress to impeach when they voted in favor of granting the quo warranto petition against then Chief Justice Maria Lourdes Sereno. Sereno was removed from office on May 11.

“Ombudsman Samuel Martires, who was one of the eight justices who removed Sereno, was not included in the complaint because he is no longer an incumbent Associate Justice,” said Lagman.

Lagman said an impeachment complaint is stronger than administrative and other complaints that would  disqualify de Castro, Bersamin, Peralta, Reyes as nominees to replace Sereno.

Under Section 5 of Rule 4 of the Judicial and Bar Council (JBC) rules, those with pending cases are disqualified from nomination or appointment to the post. The JBC will vote on a shortlist of nominees for Chief Justice on Friday.

Justice Secretary Menardo Guevara, an ex-oficio member of the JBC, said this will not affect their nomination to become  chief justice.

"In my opinion, the mere filing of an impeachment complaint, which is not the same as a criminal or administrative complaint in the ordinary sense, will not have any effect on the nomination of the four SC justices for the CJ position," he said in a text message.  DMS