SolGen says he didn't consult Duterte on quo warranto vs Sereno
SolGen says he didn't consult Duterte on quo warranto vs Sereno
President Duterte and Chief Justice Maria Lourdes Sereno
11 April, 2018, 04:54
Also prior to the start of the oral arguments, Acting Chief Justice Antonio T. Carpio announced that the five justices Sereno accused of being prejudiced against her had denied her motion seeking their inhibition from the case.
Nearby, anti-Sereno protesters called for her resignation.
This is the first time in the history of the country's judiciary that a sitting Chief Justice became a respondent in a petition filed with the SC.
Sereno answered in the affirmative.
Sereno also said that had she failed to file her SALNs, the JBC would have objected and declined to include her name in the list of candidates.
Sereno only filed her SALNs for the years 2009, 2010 and 2011.
Prior to answering De Castro's first question, Sereno posed a challenge to all the Associate Justices who have also failed to comply with the SALN requirement to also allow themselves to be subjected to a quo warranto proceeding over their supposed failure to file their complete SALNs. De Castro asked Sereno.
"I have no reason to consult them", Calida said.
Presidential Spokesperson Harry Roque made the statement Tuesday (April 10), a day after Duterte declared himself Sereno's enemy. "She is bad for the Philippines", he added.
She said this has prompted her to write a letter telling the JBC that it was not feasible for her to file the required SALNs.
Until Monday Duterte had repeatedly denied having anything to do with the moves to sack Sereno. Sereno, however, insisted that it didn't have to be on the date of assumption of office.
Sereno and de Castro were both candidates for the position of Chief Justice in 2012 to replace the impeached Chief Justice Renato Corona.
The JBC should have also reprimanded her or rejected her application had she failed to qualify, she said.
"There were 11 instances when the JBC could have objected".
"I know nothing about what happened inside the JBC".
She added that "everything was done in good faith". "You are blaming everyone, but the point is, have you religiously filed your SALN?" de Castro told the Chief Justice.
Sereno said De Castro's interpretation was out of context.
Calida asked the SC to remove Sereno due to her alleged failure to fully disclose her wealth based on her SALNs.
They said there may be some revisions on the draft ruling based on the outcome of the oral argument and on the memorandum that would be filed.
He mentioned that the impeachment presupposes a valid appointment and since the Chief Justice's appointment is invalid, she should not be ousted by the Congress.
President Duterte has urged Congress to speed-up the impeachment of Chief Justice Maria Lourdes Sereno, declaring himself her "enemy".
If lawmakers in the full House support the finding, Sereno would face a US-style impeachment trial in the Senate or upper house.
"It is not hard to see that allowing the solicitor general to remove a sitting justice by quo warranto will set a unsafe precedent that will destroy this public policy", Poblador said, while urging the Supreme Court justices during the oral arguments to dismiss Calida's petition.
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