Veteran columnist and political analyst Jose Alejandrino warned of a dangerous path for the Philippine Senate after 13 out of 24 senators, or majority of the members of the Upper House do not accept the decision of the Supreme Court in the Quo Warranto petition dismissing CJ Maria Lourdes Sereno.
According to Jose Alejandrino, majority of the senators placed themselves above the Constitution and want to be the final arbiter by asking the House of Representaties to process the articles of impeachment and forward them to the Senate.
Senate President Koko Pimentel had warned of a constitutional crisis will emerge and sure of himself because he had engineered it. Assumming the House votes favorably for impeachment and transmits the articles to the Senate, it would mean Congress has followed the Pimentel approach.
Jose Alejandrino noted that he highly doubt that the impeachment will progress because the 13 senators comprising the majority are not likely to vote against Sereno who is a liberal like them. It could be the escape route for Sereno. The impeachment action by itself, regardless of its final outcome, would be an implicit recognition by Congress that Sereno is the duly-qualified and appointed CJ and not an usurper as the SC decision on quo warranto ruled.
Here's the Complete Statement of Jose Alejandrino:
A DANGEROUS PATH
By Jose Alejandrino
13 out of 24 senators - the majority - do not accept the decision of the SC. They placed themselves above the Constitution and want to be the final arbiter. They ask that the House of Representatives process the articles of impeachment and forward them to the Senate.
Here is how I see the scenario unfolding. As Senate president Koko Pimentel had warned, a constitutional crisis will emerge. He was sure of himself because he had engineered it.
Assuming the House votes favorably for impeachment and transmits the articles to the Senate, it would mean Congress has followed the Pimentel approach. But will the Senate vote for the impeachment of Sereno? I highly doubt it because the 13 senators comprising the majority are not likely to vote against Sereno who is a liberal like them. It could be the escape route for Sereno. The impeachment action by itself, regardless of its final outcome, would be an implicit recognition by Congress that Sereno is the duly-qualified and appointed CJ and not an usurper as the SC decision on quo warranto ruled. For if Sereno is an usurper, what CJ is there to impeach? You cannot impeach a ghost.
Assuming again for the sake of argument, the House votes favorably to impeach but the majority in the Senate does not, what will happen? A gridlock in Congress. A gridlock between Congress and the SC. The process could go on interminably. In the meantime, the position of CJ cannot be deemed vacant until the gridlocks are resolved. If the position of CJ is not vacant, the president cannot appoint another CJ. Sereno will remain in office by virtue of Congress recognizing her as the duly-qualified and appointed CJ. The SC will remain divided 8-6. The government will be paralyzed. Duterte was neutralized.
When this transpires, the only way out of the mess or gulo is for the president to declare a rev government which can abolish the Senate and reconduct the House and the SC into existence by mere presidential proclamation.
According to Jose Alejandrino, majority of the senators placed themselves above the Constitution and want to be the final arbiter by asking the House of Representaties to process the articles of impeachment and forward them to the Senate.
Senate President Koko Pimentel had warned of a constitutional crisis will emerge and sure of himself because he had engineered it. Assumming the House votes favorably for impeachment and transmits the articles to the Senate, it would mean Congress has followed the Pimentel approach.
Jose Alejandrino noted that he highly doubt that the impeachment will progress because the 13 senators comprising the majority are not likely to vote against Sereno who is a liberal like them. It could be the escape route for Sereno. The impeachment action by itself, regardless of its final outcome, would be an implicit recognition by Congress that Sereno is the duly-qualified and appointed CJ and not an usurper as the SC decision on quo warranto ruled.
Here's the Complete Statement of Jose Alejandrino:
A DANGEROUS PATH
By Jose Alejandrino
13 out of 24 senators - the majority - do not accept the decision of the SC. They placed themselves above the Constitution and want to be the final arbiter. They ask that the House of Representatives process the articles of impeachment and forward them to the Senate.
Here is how I see the scenario unfolding. As Senate president Koko Pimentel had warned, a constitutional crisis will emerge. He was sure of himself because he had engineered it.
Assuming the House votes favorably for impeachment and transmits the articles to the Senate, it would mean Congress has followed the Pimentel approach. But will the Senate vote for the impeachment of Sereno? I highly doubt it because the 13 senators comprising the majority are not likely to vote against Sereno who is a liberal like them. It could be the escape route for Sereno. The impeachment action by itself, regardless of its final outcome, would be an implicit recognition by Congress that Sereno is the duly-qualified and appointed CJ and not an usurper as the SC decision on quo warranto ruled. For if Sereno is an usurper, what CJ is there to impeach? You cannot impeach a ghost.
Assuming again for the sake of argument, the House votes favorably to impeach but the majority in the Senate does not, what will happen? A gridlock in Congress. A gridlock between Congress and the SC. The process could go on interminably. In the meantime, the position of CJ cannot be deemed vacant until the gridlocks are resolved. If the position of CJ is not vacant, the president cannot appoint another CJ. Sereno will remain in office by virtue of Congress recognizing her as the duly-qualified and appointed CJ. The SC will remain divided 8-6. The government will be paralyzed. Duterte was neutralized.
When this transpires, the only way out of the mess or gulo is for the president to declare a rev government which can abolish the Senate and reconduct the House and the SC into existence by mere presidential proclamation.
Source: Jose Alejandrino FB Page
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