Press Statement
March 12, 2018
Bayan supports the fight for judicial independence amid concerted moves to unseat the Chief Justice and strengthen the control of the Executive over the Judiciary. We welcome the stand of the Chief Justice not to resign and instead face the allegations against her in a trial by the Senate acting as an impeachment court.
Duterte’s judicial bulldozer, the quo warranto petition, makes a mockery of the impeachment process and exploits the in-fighting in the Supreme Court, all for the removal of the sitting Chief Justice. The end-goal is to be able to appoint a CJ who will tow the line of the administration. The current CJ, even if part of the minority, has voted against the Marcos burial and Martial Law extension. She also sits as the head of the Presidential Electoral Tribunal that’s hearing the poll protest of defeated Vice-Presidential candidate Bongbong Marcos. A new CJ is expected to carry the Duterte agenda within the SC. This is of particular importance when controversial issues such as Charter change and the mode of amending the Constitution, reach the High Court.
The primordial issue now is fighting for judicial independence against clear efforts to control the judiciary and impose a fascist dictatorship on the people.
From the very beginning, the proponents of impeachment have struggled to present actual evidence that would constitute the impeachable offenses committed by the Chief Justice. The House Committee on Justice became a venue for the fishing expedition by the complainants and Duterte allies. When it became clear that successfully prosecuting the case before the Senate would be more difficult than they planned for, Duterte allies shifted gear and sought either her immediate resignation or Supreme Court intervention through a quo warranto petition.
It is the height of absurdity that those who will deliberate on the quo warranto petition are the same Supreme Court justices who had already testified against Sereno before the House Committee on Justice. How in the world would they be impartial? Their decision is already tainted by their testimonies before the House Committee.
The removal of the CJ benefits only one: the President. He will have the opportunity to hand-pick the next CJ and ensure complete control over the SC. The quo warranto petition will serve as a warning to other justices who refuse to tow the line that they could also be removed even without impeachment.
In these dark and difficult times, the Filipino people should rally behind the Chief Justice, the calls for judicial independence and the fight against tyranny and the naked abuse of power. ###
