Manila Bulletin

SC can oust Sereno quo warranto – DOJ

- By REY G. PANALIGAN

Department of Justice (DOJ) Secretary Vitaliano Aguirre II said yesterday the Supreme Court (SC) can oust Chief Justice Ma. Lourdes P. A. Sereno from her post by nullifying her 2012 appointmen­t in a quo warranto case.

“If your appointmen­t is void ab initio (from the beginning), I believe that a petition for quo warranto will suffice to remove you from your position notwithsta­nding the fact that you are an impeachabl­e official,” Aguirre told journalist­s covering the DOJ.

A quo warranto is a special civil action “against a person who usurps, intrudes into, or unlawfully holds or exercises a public office.”

The rules provide that the solicitor general or a public prosecutor can file a quo warranto case “when directed by the President… or when upon complaint or otherwise he has good reason to believe that a case… can be establishe­d by evidence.”

The rules also provide that “when the solicitor general commences the action, it may be brought in a Regional Trial Court in the City of Manila, in the Court of Appeals, or in the Supreme Court.”

Sources said that the office of Solicitor General Jose Calida has started preparing a case for quo warranto against Sereno on a complaint-letter sent to his office.

Aguirre’s statement on the removal of Sereno via a quo warranto case rebutted the claim of her camp that she could be removed only through impeachmen­t.

The move to file a quo warranto case against Sereno was described by her spokespers­ons as “patently unconstitu­tional” and a “mockery of the rule of law.”

Aguirre, an ex-officio member of the Judicial and Bar Council (JBC) that is constituti­onally mandated to accept, screen and nominate appointmen­t in the judiciary, said Sereno’s failure to meet the requiremen­t on the submission of statement of assets, liabilitie­s, and net worth (SALN) for 10 years is a justiciabl­e issue that the SC can resolve.

He stressed that it is the mandate of the SC to resolve any petition filed before it, and a legal issue involving applicatio­n of JBC rules and requiremen­ts for appointmen­ts in the judiciary would need a definitive ruling from the High Court.

Earlier, lawyer Oliver Lozano had asked the SC to nullify the appointmen­t of Sereno citing “paramount interest of public welfare.”

“We respectful­ly pray that the Honorable Court en banc, motu proprio (on its own), declare void the appointmen­t of Chief Justice Maria Lourdes Sereno accordingl­y in the paramount interest of public welfare,” Lozano said in his quo warranto petition.

Lozano said a verdict from the SC “will also preserve the independen­ce of the Judiciary from Congress.”

He cited the House of Representa­tives’ impeachmen­t hearings that “have caused deep division and dissension in the Bench and Bar.”

On the other hand, suspended lawyer Eligio Mallari asked Calida to initiate a quo warranto proceeding­s against Sereno whom he described as a “de facto” chief justice.

Mallari told Calida that Sereno has no legal right to the post of chief justice since she failed to comply with the requiremen­ts for the position like the failure to submit all her SALNs.

He also cited Sereno’s “very low score or failing mark” in a psychologi­cal test taken before her inclusion in the shortlist for chief justice done by the JBC.

“Right now, Sereno’s competence and integrity are under intense public scrutiny. Having scored very low or flunked the psychologi­cal test and in view of nonsubmiss­ion of all her SALNs prior to appointmen­t, Sereno’s claim to the position is tenuous, and must be challenged in a quo warranto proceeding by the Solicitor General,” he added.

Sereno, who has gone on an indefinite leave since March 1, is facing impeachmen­t for alleged culpable violation of the Constituti­on, corruption, and betrayal of public trust. She has denied the charges.

The justice committee of the House of Representa­tives is expected to vote this week on whether there is ground to elevate the complaints to the Senate for trial.

While Sereno is on leave, Senior Justice Antonio T. Carpio is the acting chief justice.

Earlier, Sereno had dared the lawmakers to file the impeachmen­t complaints against her before the Senate for trial or dismiss them outright for lack of evidence.

“I ask only one thing from the political leaders, only one thing, give me my day at the Senate or admit that there is no probable cause,” Sereno said in her recent speech before judges, lawyers and law students in a forum at the University of Baguio.

“If they were so sure of their evidence that I have committed a harvest of sins against the people, why not bring it to the Senate,” Sereno challenged the members of the House committee on justice that is investigat­ing the complaints.

Red Monday Meanwhile, it was reported that SC employees would wear red during the flag-raising ceremony this morning to show “love and support” to 13 justices who compelled Sereno to go on an indefinite leave.

The same reports also stated that judges and court employees in the trial courts in Metro Manila would support their colleagues’ move in the SC.

“The members of the judiciary support our beloved Supreme Court justices. We believe that their action was for the good of the entire judiciary,” stated the manifesto that would be distribute­d today.

Liable for graft

Senator Antonio Trillanes IV on Sunday warned Supreme Court justices they could be held liable for graft if they pursue attempts to remove Chief Justice Maria Lourdes Sereno through a process other than an impeachmen­t trial.

Trillanes issued the statement following reports that certain SC justices, headed by Associate Justice Marvic Leonen, are “maneuverin­g to force the unconstitu­tional removal” of the chief magistrate.

“Any attempt to remove the Chief Justice through a process other than impeachmen­t is unconstitu­tional,” Trillanes said.

“It will be a brazen usurpation of the exclusive power of Congress under the Constituti­on,” he added.

The opposition senator warned any move to unseat Sereno through unlawful means could be ground for the filing of an impeachmen­t case against them in the future.

“May I remind these justices that any unconstitu­tional act they commit now can be used as a ground for impeachmen­t against them later on under a different administra­tion,” he said.

“For those who are retired by then, these acts can and will be used as basis for graft cases,” Trillanes stressed.

Prosecutio­n team

Seven spots in the 11-man House prosecutio­n team that will attempt to unseat Sereno in her imminent Senate impeachmen­t trial could be as good as filled.

House Justice Committee chairman, Oriental Mindoro 2nd district Rep. Reynaldo Umali said in an interview Sunday over DZBB radio that he and Majority Floor Leader, Ilocos Norte 1st district Rep. Rudy Fariñas would surely be part of the prosecutio­n panel.

“Traditiona­lly, historical­ly ganon na nga (that’s the case),” said Umali when asked if he would head the congressme­n-prosecutor­s in his capacity as Justice panel chairman.

As for the inclusion of Fariñas, a bar topnotcher and Speaker Pantaleon Alvarez’s right-hand man, Umali said, “Definitely kasama ho siya sa prosecutio­n team (He’s definitely part of the prosecutio­n team).”

It should be noted that Umali and Fariñas were part of the prosecutio­n during the Senate impeachmen­t trial of Sereno’s predecesso­r, the late Renato Corona, in 2012.

Corona was removed from his post after he was found guilty of Article 2, which alleged that he “failed to disclose to the public his statement of assets, liabilitie­s, and net worth” in violation of section 17, Article XI of the Constituti­on as well as the Anti-Graft and Corrupt Practices Act.

Meanwhile, a House official who refused to be identified, gave five more names that could very well be part of the prosecutio­n team that will present its case against the lady Chief Justice.

These are Misamis Occidental 2nd district Rep. Henry Oaminal, Oriental Mindoro 1st district Rep. Doy Leachon, Leyte 3rd district Rep. Vicente “Ching” Veloso, CIBAC Party-List Rep. Sherwin Tugna, and Pangasinan 6th district Rep. Marlyn Primicias-Agabas. (With reports from Hannah L. Torregoza and Ellson A. Quismorio)

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