No grounds to impeach SC justices – Macalintal
by Leslie Ann Aquino
Manila, Philippines — Election lawyer Romulo Macalintal said on December 15, that the threat made by some legislators to impeach certain Supreme Court (SC) justices for “betrayal of public trust” over two recent rulings lacked factual and constitutional bases.
Macalintal said the magistrates cannot be charged with betrayal of public trust on the basis of its decision to declare the unconstitutionality of the Priority Development Asssistance Fund (PDAF) because they merely sustained the people’s vehement objection to the irregular allocation of the fund to lawmakers.
He said the lawmakers were the ones who had “betrayed the public trust” when they “wittingly or unwittingly allowed the misappropriation or mishandling of the public funds under the PDAF or the so-called pork barrel funds.”
“For not fighting for the people’s right, the lawmakers were the ones who betrayed the trust and confidence reposed upon them by the voters,” Macalintal said.
“By siding with the public’s sentiment and vehement objection to the unlawful, irregular or improper use of the PDAF, the Supreme Court cannot be accused of having betrayed the public trust. Instead, the Supreme Court should be commended for defending and protecting the interest and rights of the public to be assured of the proper and legitimate disbursements of the people’s money,” he added.
On another issue, Macalintal said there is also no legal ground to impeach the justices of the High Court for rendering a decision sustaining a Comelec decision disqualifying Representative Regina Reyes since it was Reyes who went to the SC to challenge the decision of the Comelec.
“When she did not win her case in the court, her colleagues in the House want the justices to be impeached instead of following the rule of law. This is a very bad precedent or a dreadful example that will demoralize our judicial system,” said Macalintal.
“In defying the Supreme Court decision, these lawmakers are the ones usurping the powers of the HRET (House of Representatives Election Tribunal) since Reyes herself has not brought any case before the HRET nor is there any case pending before the said tribunal on this issue,” he added. Manila Bulletin
