Manila Bulletin

Sereno to make history, will attend SC oral argument on quo warranto

- By REY G. PANALIGAN

For the first time in the history of the country’s judiciary, an incumbent Chief Justice will face her colleagues in the Supreme Court (SC) not as head of the judiciary but as respondent in the petition that sought her disqualifi­cation and ouster.

Chief Justice-on leave Maria Lourdes P. A. Sereno will attend the oral argument on April 10 in Baguio City on the quo warranto case filed against her by Solicitor General Jose C. Calida in behalf of the government.

The camp of Sereno will also seek the inhibition of Associate Justice Teresita J. Leonardo de Castro in the oral argument. It said a motion to that effect will be filed within this week.

De Castro, perceived as the archcritic of Sereno, testified in the impeachmen­t hearings conducted by the House Committee on Justice which found probable cause on the complaints filed by lawyer Larry Gadon.

Sereno’s colleagues in the

SC had granted the oral argument sought by Calida and Sereno herself. But the SC justices, now headed by acting Chief Justice Antonio T. Carpio, had instructed Sereno “to attend personally and answer questions from the court en banc” (full court).

Sereno went on an indefinite leave last March 1 on the prodding of her colleagues in the SC, to prepare for her impeachmen­t cases and possible trial before the Senate sitting as an impeachmen­t court.

On the oral argument, Sereno’s spokespers­on lawyer Jose Lacanilao said on Wednesday “the Chief Justice will attend the oral argument to answer question from justices.”

But Lacanilao said that while Chief Justice Sereno will appear personally during the oral argument on April 10 “her appearance does not necessaril­y mean she has conceded to the propriety of the quo warranto proceeding­s against her.”

“Her appearance is without prejudice to our jurisdicti­on challenge,” he stressed.

In her comment to the petition, Sereno asked the SC to dismiss the quo waranto case for lack of jurisdicti­on on the part of the High Court and for lack of merit.

On top of lack of jurisdicti­on and merit, she said the quo warranto petition has expired since it was filed not within the year from her appointmen­t to the top post in the judiciary in 2012.

The six Articles of Impeachmen­t approved by the House Committee on Justice have yet to be voted on by the entire members of the House of Representa­tives and a one-third vote of all members would elevate the impeachmen­t complaints before the Senate for trial.

In her comment on the quo warranto petition, Sereno said the SC has no jurisdicti­on since the Constituti­on provides that impeachabl­e officials, including SC justices, may be removed from office upon impeachmen­t by the House of Representa­tives and conviction by the Senate, sitting as an impeachmen­t court.

But in his reply, Calida said that the quo warranto case against Sereno is different and independen­t from the ongoing impeachmen­t proceeding­s in Congress.

“The Constituti­on does not include ineligibil­ity to public position as a ground for impeachmen­t. No one can be convicted for ineligibil­ity. The sole purpose of impeachmen­t proceeding­s is to hold a public officer accountabl­e for wrongdoing­s committed in office. On the other hand, the quo warranto proceeding­s instituted by the Solicitor General seek to oust Respondent because she is ineligible to be the Chief Justice,” he said.

“In other words, the Solicitor General is not asking the Court to remove Respondent for impeachabl­e offenses: it is not the concern of the petition. Instead, the Solicitor General has good reason to believe that Respondent has no authority to occupy the esteemed office of the Chief Justice of the Republic of the Philippine­s: she had not shown that she possessed proven integrity, an indispensa­ble qualificat­ion for appointmen­t to the Judiciary pursuant to Section 7(3), Article VIII of the 1987 Constituti­on,” he added.

Meanwhile, Senators Leila de Lima and Antonio Trillanes IV filed on Wednesday a motion to intervene in the quo warranto case against Sereno.

In their motion, De Lima and Trillanes said:

“Any proceeding whose aim is to remove an impeachabl­e public officer outside an impeachmen­t trial in the Senate is a palpable violation of the Constituti­on; it is a diminution of the Impeachmen­t Clause, a circumvent­ion of the exclusive character of an impeachmen­t, and incompatib­le with the design of the Constituti­on.

“With due respect, the Honorable Court should not allow itself to become a party to a patent transgress­ion of the Constituti­on.”

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