Chief Justice Maria Lourdes Sereno
A day after she went on an indefinite leave, Chief Justice Maria Lourdes P.A. Sereno said the impeachment complaints against her should be elevated immediately to the Senate for trial or be dismissed outright for lack of evidence. "We would have thought that the removal of the chief justice, the possible removal of the chief justice would be confined to legislative branch since after all its only branch given by the Constitution with that power", Fajardo said.
Earlier Monday, March 5, Solicitor General Jose Calida filed a petition for quo warranto before the Supreme Court, questioning Sereno's "unlawful" appointment.
On the other hand, Sereno's lawyers said the quo warranto case filed against the Chief Justice is "devoid of basis, not to mention that the one-year prescriptive period for filing such action has long prescribed pursuant to Section 11 of Rule 66 of the Rules of Court".
"The Supreme Court ought not to entertain the quo warranto petition for it has absolutely no basis in law and in the Constitution".
Here's the rest of their argument: "The Supreme Court, guided by its pronouncements in Jarque v. Ombudsman, In Re: Raul M. Gonzales and Cuenco v. Fernan, had laid down the rule that an impeachable officer, who is a member of the Bar, can not be disbarred without first being impeached".
Gadon, in his petition, accused Sereno of alleged culpable violation of the Constitution, corruption, high crimes, and betrayal of public trust.
Baguilat said he believes the House Justice Committee failed to build up a case against Sereno, and that the hearings failed to provoke strong public sentiment, which can help the Senate decide on Sereno's conviction.
Roque said the Palace would merely await either the decision of the Supreme Court or Congress, with regard to Sereno's fate. Any attempt to remove the Chief Justice that does not fall under these parameters is patently unconstitutional. "Now that a petition has been filed in court-I think there are two petitions now pending in court, we leave it to the Supreme Court to resolve these two separate petitions", he said. All other public officers and employees may be removed from office as provided by law, but not by impeachment.
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"Hindi ko naintindihan where the Chief Justice is coming from, fighting it out when this is already the end of the road for her. She will not back down in her fight for truth and justice", the statement added.
The Chief Justice in a speech on Friday called for respect for the impeachment process "by allowing it to take the only allowed course under the Constitution". That came after 13 of her colleagues, including some who have publicly criticized her, agreed that she should take an indefinite leave amid an impeachment attempt against her in the House of Representatives.
"There was discussion on how best to preserve the integrity of the Supreme Court, how to insulate the Supreme Court from the trial, from all these political moves". And also to assure the respondent, the Chief Justice, we will be fair.
"We were required by JBC to submit SALNs".
Sereno's spokesperson lawyer Jojo Lacanilao said a sitting justice can only be removed through impeachment, citing a 1988 case against then Justice Marcelo Fernan.
Not present in the flag ceremony were Associate Justices Antonio Carpio, Presbitero Velasco Jr., Estela Perlas-Bernabe and Benjamin Caguioa.
The justices who attended the flag ceremony were Teresita Leonardo-de Castro, Diosdado Peralta, Lucas Bersamin, Mariano del Castillo, Marvic Leonen, Francis Jardeleza, Samuel Martires, Andres Reyes, Noel Tijam and Alexander Gesmundo.
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