Chief Justice Sereno’s planned impeachment is weak

Section 2, Article 8 of the Constitution

“Culpable” violation of the Constitution.

The above is one of the grounds mentioned in Section 2, Article 8 of the Constitution before an impeachable officer may be removed from office. Expectedly, they will use this against the Chief Justice Sereno if they will file the impeachment complaint against her later.

Culpable means, to be deserving of liability an blame for an act, such as a criminal act, an act of negligence or gross recklessness, according to a jurisprudence.

Here, assuming arguendo that there was irregularity on (these are the allegations they are throwing recently):

  • how she appointed such positions without court approval; or
  • granted such allowances without approval of the full bench; or
  • sitted on applications for vacant posts;

Such acts will not be gross enough to remove her just because she refused to follow the whims of some politicians but instead, decides just to faithfully observe the rule of law. More so, even if the same is true, it might be considered only as simple negligence but never as gross negligence within the contemplation of law.

Remember, if members of the police force, armed forces, congressmen, senators, or even the President are given the benefit of presumption of regularity while in the performance of their official duty, why not give the same to the Chief Justice?

In short, please, for the sake of stability in our political system, just leave the judiciary out in your cradle and let her do her job as she let you do yours.


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