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Sunday, November 24, 2024

The gloves are off

No more pretensions to niceties and rules. The gloves are off. This was made clear by President Rodrigo Duterte when he said “You are now my enemy!” referring to Chief Justice Maria Lourdes Sereno. He added emphatically “you have to be out of the Supreme Court.”

The norm is for the House judiciary committee to determine probable cause for impeachment \and not the Chief Executive to endorse and make public his sentiment about the issue.But then this is a President who makes public utterances of his strong feeling about issues and people. After Duterte made known his intense dislike of Sereno, he then professed he “loves Chinese President Xi Jinping.” Strange.

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Duterte unleashed his latest no-holds barred remark just before taking a flight to Hainan, China for an economic conference. The Chief Magistrate drew the mercurial President’s stinging rejoinder when she said in public that Mr. Duterte is behind the impeachment move against her including an unprecedented quo warranto case filed by Solicitor General Jose Calida.

But then, anyone critical of the President is considered as an enemy, according to Sereno spokesman and law professor Carlo Cruz. Speaking on the failure of Sereno not filing her Statement of Assets, Liabilities and Net Worth, Cruz clarified the non-filing was during Sereno’s stint as UP law professor, before she was appointed and assumed the position of chief magistrate. This he added can be remedied by filing a SALN upon assumption of the government post. Cruz was interviewed by Karen Davila on the ANC program “Headstart.”

President Duterte also made known his impatience with House Speaker Pantaleon Alvarez for dragging his feet in forwarding the Articles of Impeachment against Sereno to the Senate. After weeks of trial by publicity in the House justice committee chaired by Rep. Reynaldo Umali, CJ Sereno remains steadfast, dismissing suggestions she should resign or be ousted. Despite her back against the wall, Sereno is standing firm that a chief justice can only be removed through the impeachment process.

Sereno is fully aware that if impeached, she could lose all her financial benefits such as retirement pay. She could be barred from holding any public office in the future. This she is willing to risk to protect her name even as her detractors continued their attack. Sereno has asked that Associate Justices Teresita Castro, Francis Jardeleza et al who testified against her in the House hearing be inhibited in testifying anew in the quo warranto proceedings as they have appeared biased against her.

If impeached, however, Sereno, like the late Chief Justice Renato Corona, won’t be imprisoned. The primary purpose of impeachment is the removal of the official from public office.

The Sereno camp, with the chief magistrate herself appearing in public events, has warned against the creeping totalitarian state allegedly being planned by the Palace. Supporters of Sereno claim the House, the Senate and government agencies are already under the administration’s control. Taking hold of the Supreme Court which is known the “court of last resort” would make government control total—and the country would be a totalitarian state.

There is also a Malacañang move to unseat Ombudsman Conchita Carpio-Morales for allegedly being partisan in prosecuting cases against former President Benigno Aquino III and cabinet members Budget Secretary Florencio Abad and Transportation secretary Joseph Emilio Abaya. Abad is allegedly behind the conceptualizing of the Disbursement Acceleration Program while Abaya is facing graft charges for awarding Metro Rail Transit’s service maintenance contract to a company without any track record in train servicing, and for buying incompatible equipment from China.

Sereno’s impeachment, once in the Senate, would most likely be held in May. This constitutional process will be held in the backdrop of rising rice prices , the six-month shutdown of Island resort Boracay which means the loss of livelihood for the island resort and tourism workers. The closure of Boracay starts on April 26 and business establishment owners are in a quandary on how to keep their employees during the lockdown. The President announced he will turn parts of Boracay into a land reform area. He ruled out the operation of casinos in the island resort. Dutere has also threatened to revoke the permit of mining companies who continue to pollute the environment due to open-pit mining operations.

Amid these economic challenges, the Duterte administration has to deal with the peace talks with the Communist Party of the Philippines/ National Democratic Front plus the pending passage of the Bangsamoro Basic Law.

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