SC should junk quo warranto petition, Sereno camp says

MANILA, Philippines — A petition at the Supreme Court challenging Chief Justice Maria Lourdes Sereno's appointment cannot be used to oust her, her spokespersons reiterated on Monday.

"The high tribunal should dismiss the petition outright on the basis that quo warranto is not a proper remedy," Sereno's spokespersons said.

They issued the statement in response to Solicitor General Jose Calida's filing before the Supreme Court of a petition for a quo warranto proceeding against Sereno.

The chief government counsel said that Sereno is a "de facto" chief justice as she failed to meet the Statement of Assets, Liabilities and Net Worth requirement of the Judicial and Bar Council.

A quo warranto proceeding is an action used to determine whether a person has the legal right to hold public office.

READ: Calida questions Sereno's appointment as chief justice before SC

"Under the 1987 Constitution, the chief justice may only be removed from office upon impeachment by the House of Representatives and conviction by the Senate, sitting as impeachment court," her spokespersons said.

Citing Article XI, Section 2 of the Constitution, they said Sereno "can only be removed from office by impeachment" and through the power of the two houses of the Congress.

"Any attempt to remove the chief justice that does not fall under these parameters is patently unconstitutional," their statement further reads.

Calida earlier said that a quo warranto proceeding is based on a different ground than an impeachment trial.

He said: "The writ of quo warranto is being sought to question the validity of her appointment; in turn, the impeachment complaint accuses her of committing culpable violation  of Constitution and betrayal of public trust while in office."

READ: Lagman: Some SC justices should inhibit from petition vs Sereno

'Harassment' vs Sereno

The spokespersons of the chief justice also said that Calida's petition is just part of a scheme to "harass, malign and humiliate the chief justice to force her to resign."

The quo warranto petition that Calida filed emanated from the letter of suspended lawyer Eligio Mallari and Volunteers against Crime and Corruption lawyer Manuelito Luna.

Mallari has filed complaints against several public officials deemed as "enemies" of the government, including Sereno, Ombudsman Conchita Carpio-Morales, and Overall Deputy Ombudsman Melchor Carandang.

Sereno's spokespersons said the House should just bring the complaint against the chief justice to the Senate for trial.

"The most cruel act they can inflict on the Filipino nation is to pressure the Supreme Court to substantiate impeachment with quo warranto," the spokespersons added.

The House of Representatives justice panel is set to vote on March 8 on whether there is probable cause to bring Larry Gadon's impeachment complaint against Sereno to trial.

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