IBP asks SC to dismiss quo warranto case vs. Sereno

FILE: The Integrated Bar of the Philippines (IBP) on Friday filed a petition before the Supreme Court (SC) seeking to intervene in the quo warranto petition filed by the Office of Solicitor General (OSG) to nullify the appointment of Chief Justice Maria Lourdes Sereno. (PNA photo)

MANILA — The Integrated Bar of the Philippines (IBP) on Friday filed a petition before the Supreme Court (SC) seeking to intervene in the quo warranto petition filed by the Office of Solicitor General (OSG) to nullify the appointment of Chief Justice Maria Lourdes Sereno.

The IBP is the third petitioner that filed for intervention asking the High Court to dismiss the quo warranto case against Sereno.

The first two petitions were filed by Makabayan bloc consisting of party-list lawmakers led by Bayan Muna Rep. Carlos Zarate and a group of private individuals, led by running priest Fr. Robert Reyes. Both petitions were filed on Thursday.

In its petition, the IBP, through its president Abdiel Dan Elijah Fajardo, said Sereno could only be removed through impeachment as stated by the 1987 Constitution.

“[T]he Constitution admits of no other mode of removal of impeachable officers for impeachable offenses is clear from the text of Article XI, Section 2,” the IBP petition said.

The said provision of the Constitution provides that the “President, the Vice-President, the Members of the Supreme Court, the Members of the Constitutional Commissions, and the Ombudsman may be removed from office on impeachment for, and conviction of, culpable violation of the Constitution, treason, bribery, graft and corruption, other high crimes, or betrayal of public trust.”

“Under the Constitution, impeachment is the only mode of removal of an impeachable officer for an impeachable offense… Under the Constitution, the members of the Supreme Court may not be ordered dismissed by any government authority other than by the Senate after an impeachment proceeding,” the petition read.

“Entertaining the quo warranto petition on account of the Chief Justice’s supposed lack of integrity is tantamount to subjecting her to the disciplinary authority of the Supreme Court,” it added.

A quo warranto proceeding is initiated to remove an unqualified official from his or her position as stated under Rule 66 of the Rules of Court.

In a 34-page petition for quo warranto, Solictor General Jose Calida called on the SC to declare Sereno’s appointment on Aug. 24, 2012 as Chief Justice as void and oust her from the judiciary’s top post.

The petition emanated from a letter filed by suspended lawyer Eligio Mallari, urging Calida to initiate a quo warranto proceeding against the top magistrate.