Duterte can fire Sereno? Up to Congress, says Palace

MANILA, Philippines — President Duterte can remove Chief Justice Maria Lourdes Sereno by recalling the appointment issued to her by his predecessor, the vice chairman of the House committee on justice said yesterday.

“Let her go to court and challenge the action of the President if the President recalls her appointment,” Leyte Rep. Vicente Veloso told ABS-CBN News Channel.

But Malacañang, through presidential spokesman Harry Roque, said it would be up to Congress to decide on whether Sereno should be removed from office.

“We leave (the) fate of the Chief Justice to Congress,” Roque said in a statement.

Veloso said Sereno did not qualify for the position of chief justice since she submitted only one statement of assets, liabilities and net worth (SALN) for her several years in government service.

She should have presented one valid SALN to the Judicial and Bar Council (JBC) for each year of service, he said.

Veloso said there is on file with the committee on justice four SALNs – for 2006, 2009, 2010 and 2011.

“But the SALNs for 2006, 2009 and 2010 were not under oath. Only the SALN for 2011 was under oath,” he added.

Veloso pointed out that under a 1963 Supreme Court ruling, an official “who did not have the necessary qualifications for the office did not have the right to be there.”

He shared the view of SC Associate Justice Diosdado Peralta that Sereno’s appointment by president Benigno Aquino III was “void from the beginning” and that Sereno is only a de facto or in-effect chief justice.

Veloso indicated there might have been no need for the House to initiate impeachment proceedings against the Chief Justice had it known that she did not qualify for her position.

“How can you impeach someone who should not have been there in the first place?” Veloso, who was a Court of Appeals justice for 11 years, asked.

Peralta was a JBC member when the council submitted to then president Aquino a shortlist of nominees that included Sereno.

His statements before the justice committee prompted the camp of the Chief Justice to accuse him of doing a Pontius Pilate.

Peralta’s SC colleague Teresita de Castro told the committee Sereno’s appointment was an injustice to her and other aspirants for the position of chief justice.

In the wake of questions about her supposed lack of qualification, Sereno, through her spokespersons, has vowed to stay in her job.

Sereno’s lawyer Carlo Cruz said the issue on the legality of Sereno’s appointment as chief justice in 2012 only proved the “desperation” on the part of the House panel and personalities pushing for the SC chief’s ouster.