Calida petition endangers separation of powers, Sereno camp says

BAGUIO CITY, Philippines — Solicitor General Jose Calida's petition for quo warranto treads on dangerous ground that crosses the separation of powers among branches of government, the camp of Chief Justice Maria Lourdes Sereno said.

In their opening statement on Tuesday, lead Sereno lawyer Alex Poblador argued that Calida's petition seeking the nullification of the chief justice’s appointment "will set a dangerous precedent that will destroy this public policy."

He said: "If allowed to do so, what will stop the solicitor general from filing similar petitions against any sitting justice, based on any offense whether impeachable or not, on the theory that such offense can somehow reflect on his integrity and probity?"

"How can the independence of the judiciary and separation of powers survive?"

Sereno's camp has asserted that a chief justice can only be ousted through an impeachment case. They also said that the SC has no jurisdiction over an ouster petition against the chief justice.

Calida sought the SC citing that Sereno failed to meet the "integrity test" of the Judicial and Bar Council when she submitted only three of her Statement of Assets, Net Worth and Liabilities in 2012.

"What was designed as procedure to remove impeachable officers that would be used sparingly only by Congress, because it is so difficult and cumbersome to undertake, can now be undertaken before this court, the Court of Appeals, or even the Regional Trial Court, by the solicitor general at any time," Poblador lamented.

Sereno, during interpellation by Associate Justice Teresita De Castro, asked whether justices would be willing to testify under oath if a quo warranto case, grounded on the failure to meet the SALN submission requirement, be filed against her colleagues.

De Castro pointed out that Sereno, as a respondent, should be answering her own question.

Acting Chief Justice Antonio Carpio had to interject among the two justices and ask the chief justice to just answer De Castro's question.

Oral arguments on Calida's petition are ongoing.