Sereno asks 4 justices to recuse from ouster petition against her

MANILA, Philippines — Chief Justice Maria Lourdes Sereno has asked four justices to recuse themselves from Solicitor General Jose Calida’s ouster petition against her.

Sereno has filed four separate motions for inhibition asking Associate Justices Diosdado Peralta, Lucas Bersamin, Francis Jardeleza and Noel Tijam to excuse themselves from the hearing on the petition for quo warranto against her pending before the Supreme Court.

The chief justice, who is currently on leave, is set to face her peers on April 10, in an oral debate, to answer their questions regarding her appointment as the head of the judiciary.

READ: Sereno to attend oral arguments on her ouster petition

Calida asked the SC to nullify Sereno’s appointment over her alleged failure to meet the Judicial and Bar Council’s requirement for the Statement of Assets, Liabilities and Net Worth.

Sereno said that given the four magistrates’ testimonies during the House justice panel hearing on the impeachment case against her, she believes that they “cannot decide the quo warranto petition objectively and impartially.”

“Due process of law requires a hearing before an impartial and disinterested tribunal, and that every litigant is entitled to nothing less than the cold neutrality of an impartial judge,” she added.

Here are Sereno’s arguments for seeking the justices’ inhibition:

Justice Peralta

The justice appeared during the House panel’s deliberation of Sereno’s SALNs. During the said hearing, it was learned that the chief justice only submitted three of her SALNs for her 2012 application to the position.

Sereno said Peralta has become “a material witness to the matter in controversy.”

Peralta, along with Associate Justice Teresita De Castro, also said that Sereno should have been disqualified for her failure to meet the JBC’s SALN requirement.

Justice Bersamin

Bersamin appeared on the Jan. 15, 2018 hearing of the House of Representatives where, Sereno said, he “alluded to the chief justice as a dictator as he expressed his personal resentment over the chief justice’s manner of leadership which he allegedly finds violative of the collegial nature of this Honorable Court.”

The justice’s statements were “not mere innocuous remarks” but can be deemed as Bersamin’s “personal animosity towards her,” Sereno added.

The justice also attended the so-called “Red Monday” at the SC, where several employees and some justices were seen to be wearing red, apparently hinting of their support for her ouster.

Justice Jardeleza

Jardeleza appeared during the House panel’s hearing on Sereno’s alleged manipulation of the JBC to exclude him on the shortlist for justices. The chief magistrate pointed out that Jardeleza deemed Sereno’s action as “inhumane.”

The justice was quoted as saying: “I still cannot understand why she did that...something that was so grave. So I am sorry, up to now, I cannot understand why that was done to me.”

Sereno said that the justice’s statements show that he “harbours some resentment towards her.”

“The Chief Justice submits that Justice Jardeleza’s characterizations of her, which were made under oath, tend to show his bias or prejudice against the chief justice,” her motion read.

“With due respect, this apparent prejudice against the chief justice renders Justice Jardeleza disqualified to hear and decide the instant petition,” Sereno added.

Justice Tijam

Sereno pointed out that Tijam, during his House hearing appearance, was quoted as saying: “If Chief Justice Sereno continues to ignore and continues to refuse to participate in the impeachment process, ergo, she is clearly liable for culpable violation of the Constitution.”

Culpable violation of the Constitution is among the grounds for impeachment.

The chief justice pointed out that Tijam’s remark means that the justice believes that there is a ground to oust her from her position—which is also the prayer of Calida’s petition.

Tijam also attended the SC’s “Red Monday.”

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