Impeachment should be ‘last resort’ – IBP national president

Jodesz Gavilan

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Impeachment should be ‘last resort’ – IBP national president
'It is an extreme measure and should be based only on the gravest sin that would amount to flagrant violations of the Constitution,' says Integrated Bar of the Philippines national president Abdiel Fajaro

MANILA, Philippines – Integrated Bar of the Philippines (IBP) national president Abdiel Dan Fajardo says the impeachment process should always be seen as a “last resort” to protect the independence of the judiciary. 

“It is an extreme measure and should be based only on the gravest sin that would amount to flagrant violations of the Constitution,” he told editor-at-large Marites Vitug in a Rappler Talk on Thursday, February 15.  (WATCH: Rappler Talk: IBP national president Abdiel Fajardo on the rule of law)

“It should not be exercised haphazardly for the smallest reasons,” Fajardo added.

This comes as the House Justice Committee reached its 14th hearing to determine probable cause to impeach Supreme Court (SC) Chief Justice Maria Lourdes Sereno as it continueD to scrutinize internal workings of the High Court on accusations that some of actions she ordered violated rules and bypassed processes.

In the entirety so far of the proceedings, according to Fajardo, the only “weak spot” for Sereno is the issue concerning the missing Statement of Assets Liabilities and Net Worth (SALN). (READ: U.P. can find only Sereno’s 2002 SALN)

“If she can provide justifiable excuse for that, on the whole, I don’t think there is any basis for that exercise of an extreme power,” he said. 

Judiciary can recover but…

Critics have argued that impeachment in the Philippines have become “the new normal” with allies of the government openly using the process to “threaten” those they deem to be opposition. (READ: The misuse of impeachment) 

Aside from Sereno, Ombudsman Conchita Carpio Morales has been threatened with impeachment after her office looked into the alleged hidden wealth of President Rodrigo Duterte. 

By using impeachment as an “everyday tool,” Fajardo warns that it could lead to members of the judiciary becoming “politicized.” (READ: FAST FACTS: How does impeachment work?)

“Judges and justices are not politicians and they are appointed on the basis purely of merit and integrity,” he said. “Once you apply pressure on them that is outside of that equation, they will also tend to be political and really try to gather support from politicians.”

As the impeachment proceedings reached its 4th month, can the judiciary still recover? For Fajardo, it is possible depending on the people involved. 

“Ultimately, it’s the people who compose the institution,” he said. “It’s up to the SC whether it should unite as an institution and rally behind their leader.” 

But the proceedings against Sereno has brought to light cracks at the Supreme Court as other justices have gone forward to testify on issues being raised. (READ: Sereno impeachment: Cracks in the Supreme Court)

“It’s very unfortunate,” Fajardo said. – Rappler.com

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Jodesz Gavilan

Jodesz Gavilan is a writer and researcher for Rappler and its investigative arm, Newsbreak. She covers human rights and impunity beats, producing in-depth and investigative reports particularly on the quest for justice of victims of former president Rodrigo Duterte’s war on drugs and war on dissent.