The Philippine Star

SC’s Carpio maintains he filed SALNs unlike Sereno

- By EDU PUNAY

Unlike Chief Justice Ma. Lourdes Sereno, Senior Associate Justice Antonio Carpio filed his 10-year statements of assets, liabilitie­s and net worth (SALNs) for the preceding decade upon applying for the top judicial post in 2012.

Carpio, now the acting chief justice after Sereno took an indefinite leave of absence earlier this month to prepare for her impeachmen­t trial at the Senate, ordered the release of a certificat­ion from the Judicial and Bar Council (JBC) to prove that he met the requiremen­t.

The move was also an apparent denial to Sereno’s claim, contained in her answer to the quo warranto petition of the solicitor general, that none of the applicants for the chief justice post at the time filed a complete 10-year SALN as required.

The certificat­ion issued by the JBC office of recruitmen­t, selection and nomination and released by the Supreme Court public informatio­n office upon his instructio­n last Friday showed that Carpio submitted his SALNs from 2001 to 2011.

“This is to certify that our office has on file photocopie­s of his Honor’s (Carpio’s) statements of assets, liabilitie­s and net worth from 2001-2011,” read the document. “This is to further certify that our Office has on file electronic copies of his Honor’s SALN from 1992-1994.”

Carpio was one of 13 justices who compelled Sereno to take an indefinite leave of absence from the high court. He also voted with the majority of justices to require Sereno to answer the quo warranto petition.

In her answer to the quo warranto petition last week, Sereno argued that her failure to meet the 10-year SALN requiremen­t cannot be basis for invalidati­ng her appointmen­t and removal from her post, claiming that the submission of all SALNs for those in government is a requiremen­t that the JBC can waive.

Sereno admitted that although the JBC waived such requiremen­t for her, it also did so for 13 other applicants who had failed to submit their complete SALNs to the JBC.

She also claimed that other applicants for the chief justice post in 2012 – including Carpio – also did not submit their complete SALNs. Also previously applying for the post were retired Associate Justices Roberto Abad and Arturo Brion, Associate Justice Teresita Leonardo-de Castro, deans Raul Pangalanga­n and Amado Valdez, as well as congressma­n Ronaldo Zamora.

Except for the two deans, all the others were shortliste­d together with Sereno.

In the quo warranto petition filed last March 5, Solicitor General Jose Calida asked the SC to nullify Sereno’s appointmen­t because of her ineligibil­ity for the top judicial post and to order her removal from office as a de facto official whose authority was hinged on an appointmen­t that was void from the start.

Calida argued that Sereno did not meet the specific qualificat­ion of proven integrity for the chief justice post with her failure to comply with the required submission of 10-year SALNs.

A quo warranto petition, as provided in both Section 5(1), Article VIII of the Constituti­on and Rule 66 of the Rules of Court, challenges the legal basis of one’s appointmen­t and seeks the removal of the respondent from office because of lack of qualificat­ion or legal basis to continue holding such office.

In her answer, Sereno asked the high court to dismiss the petition on technical ground, particular­ly for lack of jurisdicti­on and violation of the one-year prescripti­on period for filing such case.

The embattled chief justice argued that the SC has no jurisdicti­on and authority to remove her from office because the 1987 Constituti­on provides that she could only be ousted by impeachmen­t in Congress as an impeachabl­e official.

Citing Article XI Section 2 of the Constituti­on, she said impeachabl­e officials – including herself and all justices of the SC – may only be removed from office upon impeachmen­t by the House of Representa­tives and conviction by the Senate, sitting as an impeachmen­t court.

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