Duterte can’t be ‘special prosecutor’ in Sereno impeachment—Panelo

Duterte served as a prosecutor before he was elected as mayor of Davao City, and later become the president of the country. (PCOO PHOTO)

President Rodrigo Duterte cannot participate in the impeachment trial of Chief Justice Maria Lourdes Sereno as “special prosecutor,” Chief Presidential Legal Counsel Salvador Panelo said, describing the proposal as “pure nonsense.”

Lawyer Lorenzo “Larry” Gadon, the complainant in the impeachment case against the Chief Justice, proposed to include the President in the prosecution panel of Sereno’s impeachment trial.

The President’s top legal counsel said that Duterte cannot take part in the impeachment case of the Chief Justice as he cannot hold any office beyond his constitutional decree as president.

“The President is constitutionally prohibited to hold any other office during his tenure,” Panelo said in a statement.

“Even assuming that there is no prohibition, such position diminishes the office of the presidency and departs from his functions and duties as mandated by the Constitution,” he added.

Panelo stressed that the House of Representatives has the exclusive power to initiate all kinds of impeachment, and its members are tasked to prosecute the impeachable officers in trials in the Senate.

In a forum on Saturday, Gadon noted that Duterte is a good prosecutor and that there’s no law barring the Chief Executive from participating in an impeachment proceeding.

Panelo said Gadon may have requested for Duterte’s participation to ensure the success of his impeachment complaint knowing Duterte’s rich experience as a public prosecutor.

Duterte worked as prosecutor before he was elected as mayor of Davao City, and later became the president of the country.

The Chief Presidential Legal Counsel also stressed that Duterte may not also get himself involved in Gadon’s proposal as he respects the constitutional functions of the various branches of government.

“As he has repeatedly said he respects the independence of the two co-equal branches of the government and he will never interfere with their constitutional functions.

In his prime task of executing all the laws of the land and preserving and defending the Constitution he shall make sure that such independence is upheld,” Panelo said.

Voting 25-2 last Thursday, the House Committee on Justice found sufficient grounds to hear Gadon’s impeachment complaint against Sereno. The complaint rooted from several accusations, including the Chief Justice’s failure to declare her assets from the Piatco case.