MANILA, Philippines — Supreme Court (SC) justices cannot be impeached on the basis of a temporary restraining order (TRO) or status quo ante order (SQAO) issued on a case filed before it. “Even if the TRO or SQAO is issued without some justices having read the petition or issued on the same day the petition is filed is not a ground for impeachment since the act does not constitute betrayal of public trust or any of the grounds for impeachment,” lawyer Romulo Macalintal said Wednesday.
“In issuing a TRO or SQAO, SC justices are not expected to have the luxury of time to peruse or make an in depth study of the petition and annexes but can just rely on allegations in support of the TRO or SQAO,” Macalintal, a known practicing lawyer, said.
Macalintal reacted to statements made by Ilocos Norte Rep. Rodolfo Farinas, senior vice chairman of the House Committee on Justice, on the projected filing of impeachment complaint against eight SC justices who voted to issue an SQAO that stopped last September the proceedings on the impeachment complaint against Ombudsman Ma. Merceditas Gutierrez.
He said that in his long years of practice, he remembered many instances when the SC issued a TRO or SQAO on the day a petition is filed with the court.
He also pointed out that in very urgent issues raised on a petition or case filed before the SC, the Chief Justice is allowed to issue a TRO or SQAO subject to confirmation in the following session of the court.
Rey Panaligan, Manila Bulletin
