MANILA, Philippines — Rep. Edcel Lagman (Albay), a member of the House opposition, has asked the several justices of the Supreme Court to stay away from a petition to look into the legality of Chief Justice Maria Lourdes Sereno's appointment.
On Monday morning, Solicitor General Jose Calida filed a petition for a quo warranto proceeding before the SC and asked for the nullification of Sereno's appointment as chief justice.
In a statement, Lagman said that the "seven associate justices who unconstitutionally attempted to oust [Sereno] must recuse themselves or inhibit" from the petition for quo warranto proceeding filed by Calida.
READ: Calida questions Sereno's appointment as chief justice before SC
'Petition before a divided SC'
Lagman pointed out that solicitor general "purposely chose to file the petition before the SC, which has become a hostile forum against Sereno," despite being allowed to file before the Court of Appeals or the regional courts.
The opposition lawmaker did not name the seven magistrates he was referring to but a post circulating on social media alleges said that there were seven justices who initially asked Sereno the en banc session on February 27 to take a leave of absence.
The said request led to Sereno filing an indefinite leave starting March 1, which she called a wellness leave.
According to a statement by the SC en banc read by SC spokesperson Theodore Te, 13 justices had reached "a consensus" for Sereno to go on leave.
Observers said that this seems to confirm that there is a rift among the high court justices.
But for Calida, the filing is "an act of kindness" since Sereno will be "judged by her peers" instead of politicians.
The impeachment complaint against Sereno is currently pending at the House of Representatives justice panel. Rep. Reynaldo Umali (Oriental Mindoro), panel chair, has indicated that it is inclined to find probable cause to bring lawyer Larry Gadon's impeachment to the Senate for trial.
Sereno hurdled JBC screening
Lagman also pointed out that Sereno's appointment was approved by the Judicial and Bar Council, which is mandated to screen applicants for positions in the judiciary.
"The appointment of Sereno complied with the basic requirements of the Consitution and no less than the JBC endorsed her appointment to then President Benigno Aquino III," the lawmaker said.
"An appointment enjoys the presumption of validity and a proffered argument that it is void ab initio (to be treated as invalid from the outset) is not favored," Lagman added.
The JBC, then-headed by Associate Justice Diosdado Peralta, signed the shortlist of five candidates for chief justice in 2012.
Also on the shortlist were Senior Associate Justice Antonio Carpio, Associate Justice Teresita De Castro, and retired justices Roberto Abad and Arturo Brion.
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