11/05/2018
In my opinion, the proper recourse for an erroneous and improper appointment is not impeachment even if the person is an impeachable officer. Impeachment is limited to culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or the catch-all phrase "betrayal of public trust." All of which must be attended by a willful and deliberate intent or bad faith. Hence, lack of eligibility requirements does not fall under any of the impeachable offenses cited. On the other hand, a quo warranto action may be brought to determine whether a public official satisfies a requirement. Assuming arguendo that Chief Justice Sereno indeed lack the required eligibilty requirement considering also the fact that she is an impeachable officer what is our recourse then? should we let it pass? It is likewise presumed that Chief Justice Sereno knew of the eligibility requirements for the position of chief magistrate, therefore, she should have submitted the same at the time it is required. There is no excuse for its non-compliance. Ignorantia legis non excusat.
