Sereno seeks De Castro's 'mandatory' inhibition from ouster petition

MANILA, Philippines — Associate Justice Teresita De Castro should recuse herself from quo waranto petition for showing her prejudice, Chief Justice Maria Lourdes Sereno said on Friday.

Sereno, through her legal counsel Alex Poblador, filed a 30-page motion for inhibition of De Castro from deliberating on the Solicitor General Jose Calida’s petition for quo warranto against her.

“Even before the instant petition was filed, Justice Leonardo-De Castro had apparently already made a determination that the Chief Justice was disqualified for the position in 2012,” she said.

Calida sought the nullification of Sereno’s appointment as chief justice over her alleged failure to meet the Judicial and Bar Council’s requirement for Statement of Assets, Liabilities and Net Worth.

Sereno’s camp has asserted that following the 1987 Constitution, she can only be ousted through an impeachment case, the hearing of which is given to the Congress.

She cited a statement made by De Castro on Jan. 29, 2018 House impeachment hearing where the justice was quoted as saying: “She didn’t submit her SALN when she applied as chief justice. In other words, she should have been disqualified. She should not have been included in the shortlist because the JBC is very strict.”

Sereno pointed out that De Castro’s statements were made under oath.

READ: SC justice accused of bias vs Sereno

De Castro appeared several times at the House of Representatives’ determination of probable cause against Sereno. The House’s justice panel was tackling a complaint filed by lawyer Larry Gadon.

The chief justice said that following the New Code of Judicial Conduct, De Castro is compelled to inhibit from the case.

“Once a Justice is shown to possess bias or prejudice concerning a party, it is her duty to inhibit herself from the case lest the people’s faith and trust in courts be eroded,” Sereno stressed.

De Castro was also part of the 2012 shortlist where Sereno was handpicked by then-President Benigno Aquino III to head the judiciary.

On Thursday, Sereno sought the inhibition of Associate Justices Diosdado Peralta, Lucas Bersamin, Francis Jardeleza and Noel Tijam on the case.

She 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.”

READ: Sereno asks 4 justices to recuse from ouster petition against her

The chief justice, who has been on leave from office since March 1, has confirmed her attendance on the oral arguments for the quo warranto petition to be held on April 10 at the SC Session Hall in Baguio City.