The Philippine Star

SC to tackle ouster case vs Sereno today

- By EDU PUNAY – With Artemio Dumlao

The Supreme Court (SC) is set to tackle the petition by the government’s chief lawyer to oust Chief Justice Maria Lourdes Sereno in its summer session in Baguio City beginning today.

An insider revealed that the justices will decide whether or not to give due course to the quo warranto petition filed by Solicitor General Jose Calida.

“The Court has to resolve the issue on jurisdicti­on first before it can proceed to resolution of the merits of the petition,” the source explained to The STAR.

In her answer to the quo warranto petition, the Chief Justice asked the SC to dismiss the petition on technical ground, particular­ly for lack of jurisdicti­on and violation of the one-year prescripti­on period for filing such case.

Sereno, currently on indefinite leave of absence, 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 through impeachmen­t.

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

She also pointed out that the case was filed more than five years after her appointmen­t, thus violating the one-year prescripti­on period for filing such a case.

But Calida insisted in his reply filed last week that Sereno could be covered by the quo warranto case, which 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 seeks to oust Respondent because she is ineligible to be the Chief Justice,” he argued.

“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,” Calida pointed out.

In the petition filed last March 5, Calida asked the SC to nullify Sereno’s appointmen­t over her ineligibil­ity for the top judicial post and order her removal from office as a de facto official whose authority allegedly hinges on an appointmen­t that was void from the start.

The solicitor general pointed out 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 statements of assets, liabilitie­s and net worth (SALNs).

A quo warranto petition, as provided for in both Article VIII Section 5(1) 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 impeachmen­t proceeding­s, on the other hand, the House justice committee has just approved the articles of impeachmen­t for deliberati­ons of the plenary and the official impeachmen­t of Sereno.

Meanwhile, supporters of Sereno belonging to the Coalition for Justice (CFJ) yesterday called on the high court to uphold judicial independen­ce and due process and junk Calida’s petition. They are set to hold a rally outside the SC compound in Baguio City to dramatize their position.

In a statement, the CFJ said the high court should stand up against oppression and injustice as manifested in the case of the Chief Justice, who is fighting all kinds of attempts to remove her from office, including extra-constituti­onal means.

“The only shield against abuse is the judiciary that gives hope to the people to attain justice,” the group stressed.

The group supported the argument of Sereno that the 1987 Constituti­on and jurisprude­nce provide that impeachabl­e officials like her may only be removed from office through impeachmen­t.

The group said the SC should let the impeachmen­t process take its course in accordance with the Constituti­on and give Sereno the opportunit­y to defend herself before the Senate impeachmen­t court.

 ?? ANDY ZAPATA JR. ?? Supporters of Chief Justice Maria Lourdes Sereno call for the dismissal of the quo warranto petition filed against her, in Baguio City yesterday.
ANDY ZAPATA JR. Supporters of Chief Justice Maria Lourdes Sereno call for the dismissal of the quo warranto petition filed against her, in Baguio City yesterday.

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